Blogs

Employment Law

501(c)(3) Tax Exempt Status, Private Schools, and Title IX

Title IX of the Education Amendments of 1972 (Title IX) prohibits discrimination on the basis of sex in any education programs and activities that receive federal funds and financial assistance. Federal financial assistance typically consists of grants or loans made available by the federal government to fund things such as student scholarships and improvements to…

August 12, 2022

Employment Law

The Pandemic Has Evolved: EEOC Issues Updated COVID-19 Viral Testing Guidance for Employers

On July 12, 2022, the Equal Employment Opportunity Commission (EEOC) updated its guidance Q&A responses to employers relating to COVID-19 workplace issues and the ADA . Most notably, the EEOC has changed its view on when employers can mandate COVID-19 viral testing for workers and still be in compliance with the ADA.[1] Out with the…

July 21, 2022

Employment Law

Fourth Circuit: Title VII Doesn’t Require Civility at Work

It is a bedrock principle of U.S. law that employment discrimination on the basis of sex is prohibited under Title VII of the Civil Rights Act of 1964. And, of course, hostile work environment sexual harassment is a subset of employment discrimination that involves unwelcome conduct because of sex that is sufficiently severe or pervasive…

July 18, 2022

Employment Law

Are Emotional Distress Damages Recoverable Under Title IX? No, Says the Supreme Court.

Title IX of the Education Amendments of 1972 (“Title IX”) has been front and center news lately. The statute, which is still best known as the law enacted by Congress to remediate discrimination in student athletics, officially turned 50 on June 23, 2022. That same day, the U.S. Department of Education proposed major revisions to…

July 11, 2022

Employment Law

What Impact Will the Biden Administration’s New Proposed Title IX Regulations Have on Colleges and Universities?

Perhaps you have been on vacation in some remote destination, or your attention has been diverted by other demands, like the House’s January 6 hearings, and you might be wondering: What’s new in higher ed? Plenty. Title IX of the Education Amendments of 1972 (“Title IX”) officially turned fifty on June 23, 2022. That same…

July 6, 2022

To Mask or Not to Mask: Virginia DOLI Board Votes to Repeal COVID Permanent Standard

On March 21, 2022, the Virginia Department of Labor and Industry (DOLI), Safety and Health Codes Board (Board) voted to revoke the Virginia Standard for Infectious Disease Prevention of the SARS-CoV-2 Virus That Causes COVID-19 (the “Permanent Standard”). The Board’s revocation of the Permanent Standard was the subject of a thirty-day written comment period that ended on March…

March 22, 2022

Employment Law

DOLI Moves to Repeal Virginia’s COVID-19 Workplace Safety Regulations

As summarized in a recent blog post about COVID-19 workplace facemask requirements, Virginia was one of the first states in the U.S. to implement comprehensive emergency temporary COVID-19 workplace safety regulations, with a permanent set of regulations (“Permanent Standard”) implemented in September 2021, by the Virginia Department of Labor and Industry’s (“DOLI”) Safety and Health…

February 24, 2022

Employment Law

Are Facemasks Still Required in Virginia Workplaces?

Back in July 2020, Virginia became one of the first states in the U.S. to implement comprehensive emergency temporary COVID-19 workplace safety regulations. Then, on September 8, 2021, the Virginia Department of Labor and Industry’s (“DOLI”) Safety and Health Codes Board (the “Board”) approved a permanent set of regulations governing workplace safety standards and disease…

January 28, 2022

Employment Law

Big News for Big Employers: Sixth Circuit Court of Appeals Reinstates OSHA COVID Workplace Safety Standards for Large Employers

The Occupational Safety and Health Administration’s (“OSHA”) on-again-off-again COVID workplace safety regulations requiring businesses with 100 or more employees to mandate COVID vaccines for those employees or require face masks and weekly testing (the “ETS”) are back on, reinstated by the Sixth U.S. Circuit Court of Appeals in a decision issued on December 17, 2021.…

December 20, 2021

Business and Financial Services

Fourth Circuit Concludes that Title IX’s Prohibition Against Discrimination on the Basis of “Sex” May Extend to Charter School Uniforms

Title IX of the Education Amendments of 1972 (“Title IX”) is straightforward in its prohibition: [N]o person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination [in] any academic, extracurricular, . . or other education program or activity[.] The statute has unquestionably transformed…

August 11, 2021