News

EEOC Increases Fines for Posting Violations

Friday, July 1, 2016

The federal Equal Employment Opportunity Commission (EEOC) announced on June 2, 2016 that covered employers that fail to post the required notices of employee rights under Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA) may be hit with civil fines of […] Read More

The United States Department of Education Settles Complaints Related to Website Accessibility for the Disabled

Friday, July 1, 2016

The National School Boards Association (NSBA) has published a “Legal Clips” post discussing how the U.S. Department of Education’s Office for Civil Rights recently announced that it has settled complaints over issues related to websites that are not accessible to people with certain disabilities. Read More

Equal Employment Opportunity Commission Addresses Equal Pay Rights and the Rights of Pregnant Workers

Monday, June 27, 2016

The federal Equal Employment Opportunity Commission (EEOC) posted three resource documents on its website (www.eeoc.gov) on June 14, 2016 that address equal pay rights and the rights of pregnant workers under federal law. Read More

Superintendent Determination of Graduation with a Local Diploma

Thursday, June 16, 2016

At the June 2016 meeting, the New York State Board of Regents approved through emergency action an amendment to section 100.5 of the Regulations of the Commissioner of Education to require superintendents to make a local determination as to the academic proficiency for eligible students with disabilities to graduate with a local diploma. Read More

State Office of Children and Family Services Issues Emergency Regulations to Clarify Amendment Relating to School Cooperation with CPS

Wednesday, June 8, 2016

Following the issuance of an oral order by the U.S. District Court for the Southern District of New York on August 19, 2015 pertaining to Phillips et al. v. County of Orange, et al., holding that the county engaged in the unconstitutional seizure of a child when the child was questioned in a public school without parent consent, significant confusion and anxiety surfaced in both school districts and Child Protective Services (CPS) agencies. These concerns arose despite the fact that the order was not part of a published court decision, held no precedential value and was in conflict with existing case law. In response to that order, some districts began to deny access to CPS staff or required them to take additional actions prior to allowing access to children in school without parental consent. On May 23, 2016, the New York State Office of Children and Family Services (OCFS) adopted emergency regulations amending existing 18 NYCRR 432.2 to explicitly spell out school district obligations to permit representatives of the child protective service to access students suspected of being victims of domestic child abuse in order to conduct in-school interviews. Read More

UPDATED: Governor Signs Paid Family Leave Policy into Law

Wednesday, May 4, 2016

On April 4, 2016, Governor Cuomo signed legislation as part of the State’s 2016-2017 budget to phase in a plan to require certain employers to provide employees with up to 12 weeks of paid family leave when caring for an employee’s infant, a family member with a serious health condition or to relieve family pressures when a family member (including a spouse, domestic partner, child or parent) is called to military active services. Paid leave to care for a family member includes leave to care for a child, parent, grandchild, grandparent, spouse or domestic partner. Read More

Governor Cuomo Signs Bill Repealing “Good Faith” Internal Reporting Requirement of Public Employee Whistleblower Protection Statute

Tuesday, February 23, 2016

Public employers should be aware that Governor Cuomo recently signed a bill repealing Section 75-b(2)(b) of the New York State Civil Service Law, which required that a public employee, in order to invoke the anti-retaliation or “whistleblower” protection... Read More

Governor Cuomo Announces New Regulations Protecting Transgender New Yorkers from Discrimination

Wednesday, January 27, 2016

On January 20, 2016, Governor Cuomo announced that the New York State Division of Human Rights adopted new regulations that ban discrimination and harassment against transgender people. Read More

Amendment to Regulations regarding Graduation Requirements to Extend the Appeal Process to include Appeal of Scores for the Safety Net Local Diploma for Students with Disabilities

Wednesday, January 20, 2016

At their December 2015 meeting, The Board of Regents permanently adopted the amendment to section 100.5(d)(7) of the Regulations of the Commissioner of Education to provide the option for students with disabilities to appeal a score of up to three points below a 55 on up to two Regents exams in order to graduate with a local diploma. Read More

Transgender Student Access to Public School Bathrooms Still a Prominent Issue

Tuesday, January 19, 2016

New York Daily News reporter Sarah Goodyear recently published an article titled “Seat of Unrest”, which investigates the latest and emerging battle over gender identity which is being waged in public school district bathrooms across the country. Read More