A 2020 lawsuit involves a public school teacher who refused to address transgender students by their preferred names because of his religious beliefs. This case is particularly significant because it is the first K-12 decision that analyzes this matter. This issue has important policy implications for schools and students.

The United States Supreme Court in Kennedy v. Bremerton Sch. Dist. held that a local school district violated the First Amendment freedom of religious expression rights when it directed an assistant football coach to stop praying on the fifty-yard line of a high school football field after each game. In finding for the high-school football coach,…

The purpose of this research was to examine Court Cases Alleging Employment Discrimination in Public Schools by analyzing 115 law based court cases ranging during 1980-2012, through the most available publication of "West's Educational Law Digest" of 2012. Employment is a means to provide sustainable income to support the individual(s)…

Recent reports on discrimination in private schools have led some observers to decry the fact that private and charter schools receiving public tax dollars selectively exclude some populations from both employment and enrollment; others, however, note that in these and similar instances the schools have broken no laws. Both may be right. How can…

Recent efforts to change the teaching profession and teacher preparation include a number of innovations to use portfolio assessment, value added measures (VAM), accountability metrics and other corporate education reform ideas. These approaches may provoke considerable potential legal consequences. Traditional constitutional and civil rights…

This article discusses the regulation of teacher dress and its intersection with the First Amendment of the U.S. Constitution, individual State Religious Garb Statutes, and Title VII of the Civil Rights Act of 1964.

An academic leader needs to have a basic understanding of the relevant constitutional and statutory provisions, evolving laws, and legal issues affecting higher education and the relationship between legal considerations and academic administration. At the same time, an academic leader must focus on accomplishing the goals, objectives, and…

Title VII of the Civil Rights Act and the Equal Protection Clause of the Constitution require different formats for analyzing claims of gender-based discrimination. (Author/IRT)

Traces the evolving judicial standards on employment tests and applications, beginning with the Supreme Court decision in Griggs v. Duke Power Co. through the Court's more recent decision in Washington v. Davis. Available from: Commerce Clearing House, Inc., 4025 S.W. Peterson Avenue, Chicago, Illinois 60646, $3.00 single copy. (Author/JG)

Sexual harassment under the Equal Employment Opportunity Commission guidelines involves unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, as it applies to males or females in business situations. Harassment is discriminatory when females must act differently than males in order to…

Even in situations in which the underpayment of girls' coaches is due to the sex of the students coached rather than to the sex of the coaches, the coaches and the girls coached are victims of unlawful discrimination. Available from Harvard Women's Law Journal, Harvard Law School, Cambridge, MA 02138. (Author/IRT)

Examines the parameters of the Civil Rights Act of 1964 and relevant First Amendment case law, reviews several analogous court decisions in private employment, and analyzes Yott vs. North American Rockwell Corporation (case involving an employee who, on religious grounds, refused to join a union) and its application to public employment.…

Reviews court decisions under Title VII of the Civil Rights Act of 1964 in which, despite Section 703(j), preferential remedial action implemented through numerical formulas is prescribed to improve minority employment opportunities. Concludes the pattern will continue until Congress or the Supreme Court clarifies the subject of preferential…

An overview of the problem of preferential remedies to achieve equal employment opportunities for women and minority groups. Contends that "color blindness" will not end discrimination but that some form of "color conscious" affirmative action program must be employed. Temporary preferential treatment is justified, according to…

The Reagan Administration believes in equal employment opportunity, which requires that every individual receive an equal opportunity for employment on strength of individual merit. Any compromise, such as racially preferential hirings, promotions, or terminations, whether from benign or pernicious motives, cannot be fairly described as…