U.S. Dept. of Ed. Issues Important IDEA and 504 Guidance Documents

Schools need not choose between keeping their school community safe and complying with the law, Department Secretary Miguel Cardona said in a letter accompanying newly released guidance documents from the U.S. Department of Education. Schools can both protect students’ rights and respond to safety concerns by providing behavioral supports and imposing discipline in a non-discriminatory…

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Recent EEOC Settlement Cautions Employers on Collecting GINA-Protected Information

Preventing and containing Covid-19 outbreaks in the workplace has become routine for employers over the course of the past two years. A recent settlement announcement from the U.S. Equal Employment Opportunity Commission (EEOC) provides employers with a better understanding of whether information regarding employees’ family medical history may be inquired about or collected, as will…

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Updated EEOC Guidance Provides New Standard For Covid-19 Testing

Preventing and containing Covid-19 outbreaks in the workplace has become routine for employers over the course of the past two years. Updated guidance from the U.S. Equal Employment Opportunity Commission (EEOC) provides employers with a better understanding of when to test employees.  Previously, employers could require on-site Covid-19 testing of employees at their discretion. However,…

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The U.S. Supreme Court Rules that a Board’s Verbal Censure of its Board Member’s Speech Does Not Violate the First Amendment

On March 24, 2022, the U.S. Supreme Court held in a unanimous decision that an elected body can censure other members of the same body for their speech, without running afoul of First Amendment protections. The case is Houston Community College System v. Wilson, ___ S.Ct. ___, 2022 WL 867307 (2022).  As we discussed in…

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President Biden’s Vaccination Mandate to Go Into Effect Friday, November 5, 2021

Today, the Biden Administration, through the Occupational Safety and Health Administration (OSHA), issued an emergency temporary standard (ETS) mandating vaccinations or weekly testing for workers of employers with 100 or more employees. Who is covered by the mandate? The ETS applies to businesses with 100 or more employees “firm or company-wide.” The 28 states and…

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