Important takeaways: The United States Supreme Court established that for an employee to prevail on a Title VII claim when they have been transferred from one position to another, they only have to show some harm was done. The previous standard was that an employee had to show significant harm was done to their employment or benefits for a transfer to violate Title VII, but that standard is now lowered. Facts: From 2008 to 2017 Jatonya Muldrow worked as an officer for the St. Louis Police Department in the Intelligence Division. In 2017, the Intelligence Division commander asked to transfer Mu ..read more

Important Takeaways: The Supreme Court has introduced a new test to determine if a public official is acting as a private citizen or within their official capacity when making social media posts. Facts: James Freed had a private Facebook profile that he eventually made public so anyone could see his posts. On his Facebook, he had put that he was the City Manager of Port Huron, Michigan. On his profile, Freed mostly posted about his personal life but would sometimes post information relating to his job, such as highlighting communications from other city employees and asking for public input on ..read more

Important takeaways: The United States Supreme Court declined to hear a case regarding transgender restroom usage in schools. The issue in the case was whether Title IX or the Equal Protection Clause of the United States Constitution bars school districts from requiring students to use the restroom aligned with their “biological sex.” There have multiple circuit court decisions on this issue, but the Supreme Court has yet to weigh in. Facts: In August 2023, the 7th Circuit upheld a preliminary injunction that allowed three transgender students in a district to use the restroom aligned with the ..read more

Important Takeaways: The 6th Circuit Court of Appeals upheld the dismissal of hostile work environment claims where the employee could not show severe or pervasive conduct. Facts: Ogbonna-McGruder (the Plaintiff) sued her employer Austin Peay State University (APSU) alleging that two of her supervisors engaged in racial discrimination, created a hostile work environment, and retaliated against her when she opposed their unlawful conduct. In 2003, APSU hired the Plaintiff to teach criminal justice and public management classes. The Plaintiff is African American. The spring after she was hired ..read more

Important Takeaways: The 6th Circuit Court of Appeals held that a hospital did not violate the Americans with Disabilities Act (ADA) when they did not let a nursing student bring her service dog on the floor with her while she was doing her clinical rotation. The dog caused allergic reactions and therefore was a direct threat to the safety of the staff and patients at the hospital. Facts: In the Fall of 2020, a nursing student completed a clinic rotation at Hurley Medical Center (Hurley) as part of a nursing program at the University of Michigan- Flint (the University). Before beginning this r ..read more

Important Takeaways: The U.S. District Court of the District of Massachusetts held that a school district did not retaliate when they terminated a teacher for what she posted on social media prior to her employment with the district. The social media posts caused a disruption in the school environment, creating a legitimate reason for the school district to terminate her employement. Facts: Kari MacRae filed a lawsuit against the Hanover Public Schools (the District) for a Section 1983 violation. MacRae alleged that the Defendants retaliated against her for exercising her First Amendment right ..read more

Important Takeaways: When a district administrator is being demoted to a teaching position for reasons other than financial restraints, the district does not have to follow the salary schedule established in its CBA. Facts: On March 30, 2023, the Montana Federation of Public Employees (the Union) filed an Unfair Labor Practice complaint on behalf of the Baker Education Association against the Baker Board of Trustees and Superintendent (the District). The charge alleged the District Engaged in unfair labor practices when they unilaterally transferred the vice principal to a teaching position wh ..read more

Important Takeaway: The United States Supreme Court has changed the standard for employers to prove a religious accommodation is an undue hardship from de minimus costs to a substantial increase in costs. This is a higher standard for employers. Facts: Gerald Groff was a United States postal worker who refused to work Sundays due to his religious beliefs. When the United States Postal Service (USPS) started requiring employees to work Sundays for delivery of Amazon packages, Groff refused to do so. Gross was disciplined for failing to work Sundays on a rotating schedule and eventually resigned ..read more

Facts: A middle school in Texas required that parents cut their non-binary child’s hair. The child was born male and therefore having long hair violated the school’s dress code. When the child refused to cut their hair, they were placed on in-school suspension. The child’s parent tried to explain that the child’s hair was part of their identity, but this did not change the school’s stance. The child’s parents reached out to the ACLU while their child was on in-school suspension for 10 days. The ACLU helped the child’s parent and parents of other children punished for dress-code violations file ..read more

On January 9, 2023, the American Civil Liberties Union (ACLU) of Ohio filed a motion and brief to intervene in a lawsuit filed in federal court. The original lawsuit was filed by parents of students who attend the Bethal Local School District (the District). The suit was filed to prevent the District from allowing transgender students to use the bathroom aligned with their gender identity. The ACLU was able to file a motion to intervene on behalf of a transgender student because the student had a legitimate interest in the litigation. The motion and brief filed asked the court to find that tra ..read more