TN/KY CUPA-HR Conference The Future of Human Resources Courtney H. Bullard chb@icslawyer.com www.icslawyer.com 423.757.0448 Need ICS logo – screen that will stay up as folks arrive
Introduction Courtney H. Bullard chb@icslawyer.com 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 – (cont’d) 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 EEOC’s stance Not a decision on the merits of the suit just on her right to sue
Number 1 (cont’d)
Number 2 - Pay
Number 3 - Immigration
Number 4 – Sexual Harassment
Number 4 – cont’d 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 doesn’t 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 chb@icslawyer.com www.icslawyer.com 423.757.0448 Need ICS logo – screen that will stay up as folks arrive