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Education law monthly
- Dinsmore & Shohl LLP
- -
- USA
- -
- January 7 2009
On December 29, 2008, the United States District Court for the Southern District of West Virginia granted a preliminary injunction on behalf of public school teachers and other school employees to prevent the implementation of a random drug testing policy
Workplace txt msg decision stands - 9th Circuit denies Quon rehearing
- Hogan Lovells
- -
- USA
- -
- February 3 2009
In June 2008, a Ninth Circuit panel ruled that the City of Ontario had violated police officers' reasonable expectation of privacy by reviewing text messages sent on city-issued devices without notifying the police officers in question
Supreme Court upholds state’s right to limit union’s use of non-member fees for political purposes
- Wiley Rein LLP
- -
- USA
- -
- July 11 2007
On June 14, 2007, the United States Supreme Court unanimously upheld a Washington state law requiring public employee unions to obtain consent from non-members before using their fees for election-related activities in the case of Davenport v. Washington Educational Association, 2007 WL 1703022 (June 14, 2007
Unnecessarily broad background checks halted as an invasion of privacy
- Fenwick & West LLP
- -
- USA
- -
- February 8 2008
The federal Ninth Circuit Court of Appeals (San Francisco) has ruled that the government may not conduct broad background checks of low-level contract workers who do not work with classified material
Statute of limitations on teacher’s discrimination claim begins to run on date plaintiff received notice of reduction in force
- Ogletree Deakins
- -
- USA
- -
- August 1 2008
Here, the Appellate Division affirmed the State Board of Education’s determination that a non-tenured teacher’s discrimination claim was barred by the statute of limitations, where the teacher received notice that her contract would not be renewed due to a RIF, but did not file a discrimination claim until after the 90-day limitations period expired
Rescinding employment benefit extended only to employees with military obligations does not violate the USERRA
- Ogletree Deakins
- -
- USA
- -
- June 8 2009
The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects members of the armed services against employment discrimination related to the benefits of their employment
Ohio Supreme Court upholds general ban on residency restrictions for public employees
- Squire Sanders
- -
- USA
- -
- June 22 2009
The Ohio Supreme Court, in Lima v State, 2009-Ohio-2597, has held 5-2 that a state law prohibiting general residency requirements for public employees is valid and supersedes local laws to the contrary
The United States Supreme Court rules that white firefighters were unfairly denied promotions because of their race
- Roetzel & Andress
- -
- USA
- -
- October 15 2009
On June 29, 2009, the United States Supreme Court considered whether an employer can engage in intentional discrimination for the asserted purpose of avoiding or remedying an unintentional, disparate impact
Replacing employee with younger, less experienced person is not always age discrimination
- Ogletree Deakins
- -
- USA
- -
- October 22 2009
A public school music teacher who was replaced by a less experienced teacher eleven years her junior was unable to show that her age rather than her work-performance was the basis of the non-renewal of her contract
City's pre-employment drug testing unconstitutional
- Fenwick & West LLP
- -
- USA
- -
- July 10 2008
The Ninth Circuit Court of Appeals held in Lanier v. City of Woodburn that the City of Woodburn could not rescind an offer of employment to Janet Lanier because she declined to be tested under the City's pre-employment drug and alcohol screening policy
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