Tag: discrimination
USDOE Issues Notice of Interpretation on Title IX’s Prohibition on Sex Discrimination
By: Sean P. Dugan, Law ClerkEditor: Sanmathi (Sanu) Dev, Esq. On June 16, 2021, the U.S. Department of Education (USDOE) issued a notice of interpretation that it will enforce Title IX’s prohibition on discrimination on the basis of sex to include discrimination based on sexual orientation and discrimination based on gender identity. The USDOE based its interpretation on the Bostock v. Clayton County case, which the United States Supreme Court decided on June 15, 2020. In Bostock, the Court looked at three cases, two cases where employees were fired after they revealed that they are homosexual, and one where an […]
Governor to Sign Bill to Ban Hair Discrimination
New Jersey bill entitled Create a Respectful and Open Workspace for Natural Hair Act (“CROWN Act”) was passed by the Senate on December 16, 2019 and approved by the Assembly on December 19, 2019. The CROWN Act would prohibit discrimination on the basis of hairstyle, type, or texture, which are traits historically associated with race. This bill, which further addresses discrimination under the New Jersey Law Against Discrimination (“NJLAD”), will head to the Governor for signature. The NJLAD, which applies to schools and work places, would be amended to specifically define “race” to include “traits historically associated with race, including, […]
What You Need to Know About OCR Complaints & Investigations – Part 2
Editor: Sanmathi (Sanu) Dev, Esq. Last week we discussed the Office for Civil Rights’ (“OCR”) jurisdiction to enforce anti-discrimination laws in school districts, as well as the filing of complaints with the OCR and opening letters and data requests. Today, we will discuss best practices to responding to a data request, and discuss further investigation procedures, including interviews and letters of finding. Responding to a data request can be a time consuming process, as many times the OCR will ask for extensive information and documentation. Along with speaking to staff members involved, it is important to take the opportunity to […]
What You Need to Know About OCR Complaints & Investigations – Part 1
Editor: Sanmathi (Sanu) Dev, Esq. The Office for Civil Rights (“OCR”) is the federal agency charged with enforcing anti-discrimination laws in programs or activities that receive federal financial aid from the United States Department of Education (“USDOE”). The OCR investigates alleged discrimination on the basis of race, color, and national origin pursuant to Title IV of the Civil Rights Act of 1964; sex discrimination pursuant to Title IX of the Education Amendments of 1972; discrimination on the basis of disability pursuant to Section 504 of the Rehabilitation Act of 1973; and age discrimination pursuant to the Age Discrimination Act of […]
District Court Addresses Issue Involving Waiver for Enrollment in Honors/AP Classes
The North Valley Regional High School District had a policy in which students could enroll in Honors or Advanced Placement classes by obtaining a teacher’s recommendation. Without a recommendation, a student could “waive” into such a class if the student and parents sign a document stating that they understand the requirements and demands of the course and that no accommodations would be made. Two parents of learning disabled students sued North Valley in federal court seeking injunctive relief. They claimed that the policy discriminated against the students in violation of the Americans with Disabilities Act. On September 6, 2017, the […]
U.S. DOE and DOJ Rescind Guidance Documents Regarding Transgender Students
On February 22, 2017, the U.S. Departments of Education and Justice (“Departments”) released a Dear Colleague Letter, which rescinds the May 2016 federal guidance documents regarding the rights of transgender students. The May 2016 guidance documents offered clarification that Title IX of the Education Amendments of 1972 (“Title IX”) prohibits discrimination based on a student’s transgender status and/or gender identity. These previously issued guidance documents explained that school districts cannot require transgender students to use restrooms or locker rooms inconsistent with their gender identity or require them to use individual-user facilities when other students are not required to do so. The recent February 2017 Dear Colleague […]
Appellate Division Vacates Summary Judgment Decision and Issues Remand in Employment Discrimination Case
In an unpublished decision dated January 7, 2016, the New Jersey Appellate Division in Sheridan v. Egg Harbor Township Board of Education, 2016 N.J. Super. Unpub. LEXIS 10 (App. Div. 2016) vacated the trial court’s dismissal of a former employee’s discrimination complaint and remanded the matter for trial. Plaintiff, a former custodian for the Egg Harbor Township Board of Education, alleged that the Board wrongfully terminated her on the basis of obesity in violation of the New Jersey Law Against Discrimination and subjected her to a hostile work environment due to her floor supervisor’s repeated disparaging remarks about the custodian’s […]
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