Wednesday, May 18, 2016
- US DOJ & DOE: Joint Title IX guidance addressing transgender students explains schools’ obligation to treat students consistent with their gender identity even if their school records or identification documents indicate a different sex; allow students to participate in sex-segregated activities and access sex-segregated facilities consistent with their gender identity; respond promptly and effectively to sex-based harassment of all students, including harassment based on a student’s actual or perceived gender identity, transgender status or gender transition; and protect students’ privacy related to their transgender status under Title IX and the Family Educational Rights and Privacy Act
- Third Circuit: The court upheld HUD’s regulatory interpretation that the accessible design requirements of the Fair Housing Act do not apply to buildings occupied for commercial use prior to the effective date of the design requirements but renovated and converted to residential use after the effective date
- Eighth Circuit: In affirming verdict for employee on FMLA claim, the court held that employer denied plaintiff FMLA benefits to which he was entitled by scheduling mandatory overtime hours that were not included in employee’s FMLA-leave allotment yet deducting hours from his FMLA entitlement when he missed an overtime shift
- US District Court ME: In recommending denial of motion for summary judgment on Maine State Prison inmate’s 8th Amendment cruel and unusual punishment claim arising out of assault by another inmate, Magistrate Judge found sufficient evidence of deliberate indifference where case worker and unit sergeant were aware (1) that Plaintiff reported he had been assaulted during a previous stay at the Prison, (2) that the assailant (i.e., “moose”) was still at the Prison, (3) that Plaintiff had seen “moose” upon his arrival at the Prison, (4) that the person Plaintiff alleged to have directed the assault (Mr. Fogg) was still at the Prison, (5) that following the earlier assault, Plaintiff had been threatened with further harm if he returned to the Prison, (6) that Mr. Fogg had others in the Prison whom Plaintiff believed could or would assault other inmates at Mr. Fogg’s request, and (7) that soon after his arrival at the Prison, Plaintiff had been threatened by two other inmates based on their understanding of Plaintiff’s criminal history
- EEOC: Final ADA and GINA rules on employer wellness programs provide, in part, that wellness programs that are part of a group health plan and that ask questions about employees’ health or include medical examinations may offer incentives of up to 30 percent of the total cost of self-only coverage; and no incentives are allowed in exchange for the current or past health status information of employees’ children or in exchange for specified genetic information (such as family medical history or the results of genetic tests) of an employee, an employee’s spouse, and an employee’s children
- Kennebec Journal: Monmouth man’s family sues Belgrade firm over 2014 fatality
