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Employment Law

Wisconsin Education Association Council (WEAC) vice president Betsy Kippers leads a chant during a rally to protest Governor Scott Walker's budget repair bill, at the Brown County Courthouse in downtown Green Bay on February 16, 2011.
Wisconsin Education Association Council Vice President Betsy Kippers leads a chant during a rally to protest then-Gov. Scott Walker's budget-repair bill in downtown Green Bay on Feb. 16, 2011. The law severely restricted the scope of collective bargaining for teachers, but was thrown out by a judge more than a decade later.
H. Marc Larson/The Green Bay Press-Gazette via AP
Teaching Profession Law Restricting Teachers' Unions Falls After More Than a Decade
The Wisconsin law, a poster child for efforts to curb collective bargaining over the past decade, was deemed unconstitutional.
Sarah D. Sparks, December 3, 2024
4 min read
Light illuminates part of the Supreme Court building at dusk on Capitol Hill in Washington, Nov. 16, 2022.
Light illuminates part of the Supreme Court building at dusk on Capitol Hill in Washington, Nov. 16, 2022. The high court on Wednesday, April 17, 2024, made it easier for workers, including educators, to sue over job transfers.
Patrick Semansky/AP
Law & Courts Why It Will Now Be Easier for Educators to Sue Over Job Transfers
The case asked whether transferred employees had to show a 'significant' change in job conditions to sue under Title VII. The court said no.
Mark Walsh, April 17, 2024
8 min read
Photograph of the United States Supreme Court building in Washington DC, USA.
E+/Getty
Law & Courts How a Supreme Court Case on Job Transfers Will Impact Schools
The justices consider whether workers alleging employment discrimination must show that a lateral job transfer harmed them.
Mark Walsh, December 6, 2023
8 min read
The Supreme Court is seen in Washington on Sept. 25, 2023. The new term of the high court begins Oct. 2, 2023.
The Supreme Court is seen in Washington on Sept. 25, 2023. The new term of the high court begins Oct. 2, 2023.
J. Scott Applewhite/AP
Law & Courts In New Term, Supreme Court Set to Tackle Case on School Board Members' Social Media Use
The docket for education cases looks more modest than last term, but cases on magnet schools and transgender students could be added.
Mark Walsh, September 28, 2023
11 min read
The U.S. Supreme Court is seen on Thursday, June 29, 2023, in Washington.
The U.S. Supreme Court is seen on Thursday, June 29, 2023, in Washington.
AP
Law & Courts 2 Big Supreme Court Cases—But Not the Ones You Think—With Implications for Public Schools
Employees won stronger ground to claim a religious accommodation, as a new case will address when job transfers are covered by federal law.
Mark Walsh, July 7, 2023
10 min read
Scales of justice and Gavel on wooden table and Lawyer or Judge working with agreement in Courtroom, Justice and Law concept.
Pattanaphong Khuankaew/iStock
Law & Courts Court Backs Firing of Teacher Who Refused to Use Transgender Students’ Names
The appellate court said a teacher seeking a religious accommodation under Title VII caused undue hardship for a school district.
Mark Walsh, April 10, 2023
6 min read
081721 Duval Schools BLM Teacher TNS BS
In this 2017 photo, Amy Donofrio records her students as they find out their group, EVAC Movement, was named winner of a national kindness challenge. Donofrio, a former teacher in Duval County, Fla., will receive a settlement from her former school district in a lawsuit she filed claiming she was unfairly fired for displaying a Black Lives Matter flag in her classroom.
Bruce Lipsky/The Florida Times-Union via TNS
Law & Courts Florida District to Pay Teacher at Center of Black Lives Matter Flag Controversy $300,000
Amy Donofrio made national news earlier this year, saying administrators told her to take down the Black Lives Matter flag from her doorway.
Emily Bloch, The Florida Times-Union, August 17, 2021
1 min read
In this Nov. 4, 2020 photo, the Supreme Court in Washington.
In this Nov. 4, 2020 photo, the Supreme Court in Washington.
J. Scott Applewhite/AP
Law & Courts High Court Declines to Hear Ex-Principal's Race-Bias Case Over Transfer to Central Office
The justices also refuse to take up a case challenging the requirement that men, but not women, register for the military draft.
Mark Walsh, June 7, 2021
4 min read
Junior high teacher Angela Andrus attends an Utah Safe Schools Mask-In urging the governor's leadership in school reopening during a rally Thursday, July 23, 2020, in Salt Lake City. Parents and teachers rallied at the Utah State Capitol Thursday morning to urge schools to enforce mask wearing and to implement other safety policies recommended by health officials as the state prepares to reopen classrooms this fall.
Junior high teacher Angela Andrus attends a Utah Safe Schools Mask-In in Salt Lake City urging the governor's leadership earlier this year as officials prepared for school reopenings during the COVID-19 pandemic. Parents and teachers gathered at the state capitol to urge schools to enforce mask wearing and to implement other safety policies recommended by health officials.<br/>
Rick Bowmer/AP
Teaching Profession Teachers' Rights Under COVID-19: Anxiety Meets Legality
Schools and staff confront a welter of employment laws and regulations when it comes to on-site work under the pandemic.
Mark Walsh, November 19, 2020
10 min read
Law & Courts Court Pick Ruled on Campus Sex Assault, Other Education Issues as Appeals Judge
U.S. Supreme Court nominee Judge Amy Coney Barrett has ruled on due process and Title IX issues in campus sex assaults, qualified immunity, private schools, and other issues.
Mark Walsh, September 26, 2020
11 min read
Education Supreme Court Narrows Employment Protections for Parochial School Teachers
The U.S. Supreme Court ruled 7-2 that federal courts are foreclosed from hearing employment-discrimination claims from teachers at religious schools who have at least some role in teaching the faith.
Mark Walsh, July 8, 2020
8 min read
BRIC ARCHIVE
iStock/Getty
Law & Courts Opinion Teacher: I Was Fired for Being Gay. Now It Can't Happen to Anyone Else
The U.S. Supreme Court’s recent ruling was a victory, but it doesn’t take away the hurt of losing my students in a cold February, writes Brett Bigham.
Brett Bigham, June 23, 2020
4 min read
Law & Courts Supreme Court Rules Job Discrimination Law Shields LGBTQ Workers
The sweeping 6-3 civil rights ruling has implications for school districts as employers as well as for continuing legal battles over the rights of transgender students.
Mark Walsh, June 15, 2020
8 min read
Education Supreme Court Weighs Parochial School Teachers' Employment Rights
The justices consider two cases involving lay teachers at Roman Catholic schools and must decide whether such positions are exempt from protection of civil rights and employment laws.
Mark Walsh, May 11, 2020
7 min read