by Tim Coffield | Dec 21, 2020 | Supreme Court
In Alexander v. Sandoval, 532 U.S. 275 (2001), the Supreme Court held that a regulation promulgated by the Department of Justice did not create a private right of action for disparate impact discrimination under Title VI of the Civil Rights Act of 1964. Sandoval...
by Tim Coffield | Nov 15, 2020 | Supreme Court
In Davis v. Monroe County Bd. of Ed., 526 U.S. 629 (1999), the Supreme Court held that an educational institution that does not engage in harassment itself could still be liable under Title IX for student-on-student sexual harassment. The institution can be liable if...
by Tim Coffield | Oct 15, 2020 | Supreme Court
In Jackson v. Birmingham Bd. of Educ., 544 U.S. 167, (2005), the Supreme Court held that Title IX’s prohibition on sex discrimination in education necessarily includes a prohibition on retaliation against individuals for opposing sex discrimination. Consequently,...
by Tim Coffield | Sep 15, 2020 | Supreme Court
In Connick v. Myers, 461 U.S. 138 (1983), the Supreme Court revisited the Pickering balancing test for determining whether a public employee’s speech is entitled to First Amendment protection. The Court held that the First Amendment requires a balancing between the...
by Tim Coffield | Aug 15, 2020 | Supreme Court
In Garcetti v. Ceballos, 547 U.S. 410 (2006), the Supreme Court reaffirmed its prior decisions that the First Amendment to the U.S. Constitution protects government employees from retaliation for speaking out as private citizens on matters of public concern. But when...
by Tim Coffield | Jul 15, 2020 | Supreme Court
In the oldie-but-goldie decision of Steiner v. Mitchell, 350 U.S. 247 (1956), the Supreme Court held that time workers spend on activities performed before or after regular working hours is compensable under the Fair Labor Standards Act, if the activities are...