PowerPoint Presentation - Chapter Leader Resources - CUPA-HR

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PowerPoint Presentation - Chapter Leader Resources - CUPA-HR
TN/KY CUPA-HR Conference
The Future of Human Resources
Courtney H. Bullard
[email protected]
www.icslawyer.com
423.757.0448
Introduction
Courtney H. Bullard
[email protected]
423.757.0448
“One of the hardest things in government (life) is
knowing the difference between ripples, waves
and tides!”
-Ronald Reagan
Post-Election and HR
Number 1
• Transgender Laws
• Protection against sexual orientation
Number 1 – (cont’d)
• US Appeals Court says a lesbian former
adjunct has the right to sue Ivy Tech under
Title VII
– Relied on a series of Supreme Court and appeals
court rulings that applied Title VII in cases that go
beyond basic gender discrimination and EEOC’s
stance
– Not a decision on the merits of the suit just on her
right to sue
Number 1 (cont’d)
Number 2 - Pay
Number 3 - Immigration
Number 4 – Sexual Harassment
Number 4 – cont’d
• NLRB Ruling re: confidentiality in
investigations
Number 5 – Title IX
• Title VII vs. Title IX obligations
• Minors on Campus
Title IX v. Title VII
Broader than Title VII in that it covers all aspects of educational
programs and activities and covers students and employees
Discrimination in employment only
Prohibits sex discrimination, includes same-sex harassment
Broader in categories of classes protected from discrimination;
includes same-sex harassment
Enforced by Office of Civil Rights
Enforced by EEOC
Can go straight to court; can file with OCR
Must first go to EEOC
Interim Measures may be appropriate for Faculty/Staff Victims (interim
measures/moving student/teaching on-line/police escort/counseling)
No guidance re: interim measures but may be appropriate (changing
work assignments to separate employees; leave with or without pay
pending an investigation; changing teaching assignment) – be careful
of retaliation
Complainants entitled to receive a copy of outcome letter from discipline
as it relates to complainant
No such requirement
60 day time frame for investigation; complainant request for no
investigation weighed against interest of institution; investigators must be
trained per OCR
Investigation must be prompt; investigate even if complainant
doesn’t want investigation; no specified training requirement
Monetary damages for intentional discrimination; no cap; punitive
damages?
Monetary damages for intentional discrimination
Retaliation Claim
Retaliation claim
Other Areas
• Department of Labor – Alexander Acosta
• Chair of EEOC – Victoria Lipnic
• Secretary of Education – Betsy DeVos
Take-Aways
• Look for a lot of litigation as things continue to
be in flux
• Document, document, document
• Train, train, train
• Involve legal counsel early
Document but…….
QUESTIONS??
TN/KY CUPA-HR Conference
The Future of Human Resources
Courtney H. Bullard
[email protected]
www.icslawyer.com
423.757.0448

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