1. TN/KY CUPA-HR Conference The Future of Human Resources
Courtney H. Bullard
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2. Introduction
Courtney H. Bullard

3. “One of the hardest things in government (life) is knowing the difference between ripples, waves and tides!” -Ronald Reagan

5. Post-Election and HR

7. Number 1
Transgender Laws
Protection against sexual orientation

8. 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

9. Number 1 (cont’d)

10. Number 2 - Pay

11. Number 3 - Immigration

12. Number 4 – Sexual Harassment

13. Number 4 – cont’d
NLRB Ruling re: confidentiality in investigations

14. Number 5 – Title IX Title VII vs. Title IX obligations
Minors on Campus

15. 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

16. Other Areas Department of Labor – Alexander Acosta
Chair of EEOC – Victoria Lipnic
Secretary of Education – Betsy DeVos

17. 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

18. Document but…….

19. QUESTIONS??

20. TN/KY CUPA-HR Conference The Future of Human Resources
Courtney H. Bullard
Need ICS logo – screen that will stay up as folks arrive