As policy debates concerning LGBTQ+ students and staff continue across the American education system, there is not a clear description of the prevalence of local policy protections, even in states with legislative mandates, nor a strong understanding of how to expand reform initiatives. After conducting a document analysis of policies with a…

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 lesson described in this article includes a number of overlapping learning goals. The first goal is to develop students' understanding of the complexities associated with the legal regulation of business in the United States. This case study is an excellent means of doing so, since it involves numerous interrelated legal issues. Real-world…

Sexual harassment has long been a significant problem for women workers. But with the emergence of the #MeToo movement, there has been a renewed public, cultural and academic focus on workplace harassment. "Limiting our Livelihoods: The Cumulative Impact of Sexual Harassment on Women's Careers" investigates the compounding impact of…

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)…

There is ample evidence that there still is a pay gap amongst men and women and the situation is no different if academia. Many studies have examined various types of gender discrimination in academia and two areas in particular are problematic--salaries and representation of female faculty in upper ranks of academia. This paper examines the past…

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…

This article provides a critical analysis of microaggressions and anti-discrimination law in academia. There are many challenges for faculty claiming discrimination under current civil rights laws. Examples of microaggressions that fall outside of anti-discrimination law will be provided. Traditional legal analysis of discrimination will not end…

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…

Passed by Congress on June 23, 1972, Title IX of the Education Amendments of 1972 bars sex discrimination in education programs and activities offered by entities receiving federal financial assistance. In the 40 years since its enactment, Title IX has improved access to educational opportunities for millions of students, helping to ensure that no…

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.

The 1974 Supreme Court decision in Kahn v. Shevin upheld a property tax exemption statute for widows. This Note analyzes the soundness and social utility of the underlying premise and evaluates its potential impact on other areas of law. Includes review of relevant state, lower federal court and Supreme Court cases. (JT)

In several 1977 cases the Supreme Court held that a bona fide seniority system may apply different terms of employment if it operates in a neutral fashion and is not intentionally designed to discriminate. Available from the Commerce Clearing House, Inc., 4025 W. Peterson Avenue, Chicago, Illinois 60646; single copy $3.00. (Author/IRT)

The U. S. Supreme Court unanimously held that prior submission of a claim to final arbitration under the nondiscrimination clause of a collective bargaining agreement does not foreclose an employee from subsequently exercising his right to a trial de novo under Title Seven. (Author)

As a result of recent court litigation, it seems that a school district may require that the employee immediately notify the district of her state of pregnancy and of the intended beginning of her leave, that the employee furnish a doctor's statement as to her physical well-being and ability to continue work, that she begin her leave with…