Top 10 Developments of 2018 in Employment and Higher Education Law: NUMBER 10 – HIGHER ED ROUNDUP 2018 was a year full of legislative action at the federal level. In the higher education sphere, proposed changes to Title IX dominated the news cycles, while changes at the Supreme Court might herald the demise of “affirmative…

Read More ›

On June 23, 2016, in Fisher v. University of Texas et al., (“Fisher II”), the United States Supreme Court voted 4-3 to uphold the limited use of race in college and university admissions.  The result was somewhat surprising given that Justice Anthony Kennedy, writing for the majority, had never before voted to uphold a race-based…

Read More ›

Number 35: Title IX: We’ve Come a Long Way, Baby For starters, you can’t refer to employees in the workplace as “baby” anymore. And for that, we can thank the enactment of a Title VII and Title IX. We’ve covered the enactment of Title VII here. 

Read More ›
Category: Higher Education,

On April 22, 2014, in Schuette v. Coalition to Defend Affirmative Action et al. (No. 12–682), the Supreme Court upheld a Michigan law that bans public colleges and universities, community colleges and school districts from offering preferential treatment to any individual based on their race, sex, color, ethnicity, or national origin in the context of…

Read More ›
Category: Higher Education,

Today, an administrative judge at the National Labor Relations Board (NLRB) found that student athletes on Northwestern University’s football team who receive a scholarship are employees of the university and therefore eligible to form a union.  The decision, while not the decision of the full NLRB, is a major departure from NLRB precedent and one…

Read More ›
Category: Higher Education, NLRB,