Employers Win: U.S. Supreme Court Decides Two Title Vii Cases In Employers’ Favor

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Authored by: Matthew R. Wendler Yesterday, the U.S. Supreme Court issued two decisions arising under Title VII of the Civil Rights Act of 1964-defining “supervisors” narrowly and establishing that the lessened causation standard that applies in mixed-motive cases does not apply in cases brought under the anti-retaliation provision. Title VII of the Civil Rights Act… Read more »

Clery Reporting Obligations Amended And Title Ix Investigative Duties Codified

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As many institutions are quickly learning, colleges and universities face formidable federal compliance requirements under the Clery Act and Title IX. The Department of Education has made it known: Clery violations likely will be fined at the maximum penalty of $35,000 for each violation. Students and parents are now better informed and highly motivated to… Read more »

Court Ruling Focuses On Unpaid Internship Programs

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In a recent ruling, the United States District Court for the Southern District of New York has found that an unpaid internship program concerning the production of the film “Black Swan” ran afoul of the Fair Labor Standards Act (“FLSA”).  In Glatt v. Fox Searchlight Pictures Inc., the court found that the defendants improperly classified two… Read more »

Whistleblowers Keep Their Fingers Crossed: Current Scrutiny Of The IRS Could Lead To Meaningful Changes

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Not only was the IRS allegedly scrutinizing conservative groups more closely than their liberal counterparts, but apparently the Service was spending enough money to make even the wealthiest world travelers blush.  The Treasury Inspector General for Tax Administration has completed an audit of the IRS’ spending over a three-year span beginning in fiscal year 2010. … Read more »

Refusal To Try Proposed Accommodation Can Be Fatal To An Employee’s Disability Discrimination Claim

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The United States Court of Appeals for the Third Circuit has held that an employee who refuses to try a reasonable accommodation of a disability cannot maintain a discrimination suit under the Americans with Disabilities Act (“ADA”). In Yovtcheva v. City of Philadelphia Water Department, No. 12-3089 (3d Cir. May 7, 2013), the plaintiff, Silvia Yovtcheva, was… Read more »

Recent Lessons For Erisa 401(K) Plan Fiduciaries From Tussey V. Abb, Inc.

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Employee Retirement Income Security Act (“ERISA”) fiduciaries and plan sponsors, as defined by 29 U.S.C. § 1002(21)(A), have numerous investment responsibilities – particularly the responsibility to comply with and adhere to plan documents, perform their duties in the sole interest of a plan’s participants for the exclusive purpose of providing benefits to a plan’s participants… Read more »