TN/KY CUPA-HR Conference The Future of Human Resources

TN/KY CUPA-HR Conference The Future of Human Resources

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 (contd) 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 EEOCs stance Not a decision on the merits of the suit just on her right to sue

Number 1 (contd) Number 2 - Pay Number 3 - Immigration

Number 4 Sexual Harassment Number 4 contd 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 doesnt 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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