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Universities Disability Discrimination

Miller Canfield

U.S. Court of Appeals for the Sixth Circuit Rejects Congress’s Abrogation of Immunity for Lawsuits Against States for ADA...

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The U.S. Court of Appeals for the Sixth Circuit has ruled that the waiver of a State's immunity under Title V of the Americans with Disabilities Act (ADA) is unconstitutional. This ruling permits a State to defend a Title V...more

Seyfarth Shaw LLP

OCR and DOJ Send A Message to Higher Ed: Make Your Websites Accessible

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A recent “Dear Colleague” letter issued jointly by the U.S. Department of Justice (DOJ) and the Office of Civil Rights of the Department of Education (OCR) places colleges and universities on notice of recent enforcement...more

Fisher Phillips

It's OK to Not Be OK: How Schools Can Address Mental Health Wellness for Employees

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The pandemic has affected all aspects of daily life over the past few years and brought mental health awareness to the forefront of employee-related concerns. In addition to taking a heightened interest in student well-being,...more

Steptoe & Johnson PLLC

Can Colleges Mandate Vaccines? Yes, But Beware.

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As institutions of higher education (“IHEs”) approach their summer and fall terms, the question on every administrator’s mind is: Can our institution legally implement a mandatory COVID-19 vaccine policy for students and/or...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Does the Pennsylvania Human Relations Act Require Accommodation of Medical Marijuana Use? Not (For Now)

In Harrisburg Area Community College v. Pennsylvania Human Relations Commission, No. 654 C.D. 2019, (October 29, 2020), the Commonwealth Court of Pennsylvania recently examined the interaction between Pennsylvania’s Medical...more

Rumberger | Kirk

5th DCA: Public Medical Center within University System has Sovereign Immunity from Disability Discrimination Lawsuit

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The United States Court of Appeals for the Fifth Circuit has ruled that one factor weighs above all others when evaluating whether an agency is an “arm of the state” and entitled to sovereign immunity under the Eleventh...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Trends, Issue 15

This 15th edition of Unprecedented, our weekly update on COVID-19-related litigation, showcases new and evolving trends. This week we note how COVID-19 has accelerated a pre-existing trend toward class action litigation. And...more

Bricker Graydon LLP

[Webinar] What's New in Disability Accommodation for Higher Ed Human Resources - February 4th, 12:00 pm ET

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The Americans with Disabilities Act, Section 504 and the Family Medical Leave Act work together to protect employees with disabilities. But what happens when your highly specialized professor goes on leave halfway through the...more

Fisher Phillips

Web Exclusive: Emotional Rescue? Emotional Support Animals In Schools

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Just when private schools were becoming relatively knowledgeable about their obligation to allow a disabled student’s service animal on their premises, they started getting requests from employees to have their emotional...more

Payne & Fears

Key California Employment Law Cases: September 2018

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This month's key California employment law cases are from the California Court of Appeals and The Court of Appeals for the Ninth Circuit. Sumner v. Simpson Univ., No. C077302, 2018 WL 4579765 (Cal. Ct. App. Sept. 25, 2018)...more

Steptoe & Johnson PLLC

The Online World at Risk of ADA Lawsuits

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Lawsuits and enforcement actions over websites’ accessibility to disabled people have swamped businesses, as well as colleges and universities over the past several years. “We’ve seen such a spike in the last few years in...more

Fisher Phillips

Your School Could Be One Click Away From A Lawsuit

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The education industry continues to be at the forefront when it comes to using emerging technology and digital marketing. For most schools, their website functions as the new reception area (albeit virtual), where both...more

Fisher Phillips

Campus Companions: How To Handle Requests For Service And Assistance Animals

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School officials often receive requests from students with disabilities to bring “service animals” and “assistance animals” on campus as an accommodation. Under the Americans with Disabilities Act (ADA), Section 504 of the...more

Holland & Knight LLP

Medical Marijuana on Campus: Barbuto's Impact on School Policies Banning Drug Use

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The Massachusetts Supreme Judicial Court recently ruled in Barbuto v. Advantage Sales and Marketing, LLC that an employee's use of medical marijuana to treat a qualified disability may be a reasonable accommodation under...more

Manatt, Phelps & Phillips, LLP

Employment Law - August 2016

Arbitrator or Judge? California Supreme Court Weighs in - Why it matters - Yet again, the California Supreme Court considered arbitration in the context of an employment agreement, this time reflecting on whether a...more

Franczek P.C.

Recent DOJ Settlement Agreement Offers Valuable Guidance Regarding Mandatory Medical Leaves of Absence

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A recent settlement agreement entered into between the Educational Opportunities Section of the U.S. Department of Justice (DOJ), Civil Rights Division, and the University of Tennessee provides some useful insight into what...more

FordHarrison

Alcoholism and how USC may have violated ADA by firing Steve Sarkisian

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On October 12, 2015, Steve Sarkisian was fired as head coach of the University of Southern California (USC) football team. While USC contends Sarkisian was fired for “cause,” there is no question that his alcohol-related...more

Saul Ewing LLP

Does Your Institution Have a Disability Accommodation Policy? It Should.

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The Americans with Disabilities Act Amendments Act (“ADA”) prohibits discrimination against individuals with disabilities. The ADA also requires an employer to make reasonable accommodations for the known disabilities of an...more

Laner Muchin, Ltd.

EEOC Scores Six Figure Settlement Against University Of Michigan; For Limited Reassignment To The Most Well-Qualified Candidate...

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Earlier this year, the Department of Justice (DOJ), which enforces the Americans with Disabilities Act (ADA) alongside the Equal Employment Opportunity Commission (EEOC), sued the University of Michigan regarding the school’s...more

Saul Ewing Arnstein & Lehr LLP

OCR Issues "Dear Colleague Letter" Addressing Equal Opportunities in Athletic Programs for Students With Disabilities

A "Dear Colleague Letter" just issued by the Department of Education Office of Civil Rights interpreting Section 504 of the Rehabilitation Act of 1973 clarifies that colleges and universities must provide disabled students...more

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