Just When You Thought It Was Safe to Go Back in the Water…

The Third Circuit has updated its decision on transgender bathroom policies, which we discussed previously here. The precedential opinion, which was filed on June 18, was revised on July 26 to take a softer stance on whether the decision to require transgender students to use separate, single-stall bathrooms violates federal law. The same panel that issued the original decision issued the revised decision and denied allowing the case to be reheard with a full court. The attorneys for the students have two weeks to renew their request. The attorneys argue that the first ruling—among other things—conflated gender and sex, and ignored long-standing precedent regarding sexual harassment and bodily privacy. This case is a contentious one, with Circuit Judge Kent A. Jordan, joined by Judges Michael Chagares, Thomas Hardiman, and Stephanos Bibas, writing a strongly worded dissent recommending that the Third Circuit rehear the case en banc, meaning that every judge sitting on the appellate court would be asked to hear and rule on the matter.  We will monitor the situation and keep you apprised of any updates to this case.

 

Change to Educator Discipline: An Update to Title 14 Chapter 12 of the Delaware Code

On July 11, Governor Carney signed a bill that changes Title 14, Chapter 12 of the Delaware Code and updates how educators in Delaware are reprimanded in certain instances. State employees who are involved in discipline of teachers, and teachers themselves, should become familiar with the slight, but important, changes that have gone into effect. Continue reading

DOL and DOE merger

On June 21 the Trump administration announced its proposal to merge the Department of Labor and the Department of Education into one overarching department. Mick Mulvaney, the White House Budget Director, said that Ivanka Trump’s emphasis on workforce training was the inspiration behind the proposed merger. Mulvaney said in statement that the departments are, “doing the same thing.” Continue reading

Fly Like an Eagle . . . Or Not

FA2Ahh, the luxury of flying. Getting to sit incredibly close to strangers, being cut off from your email, and having a delicious choice of broken cookies or bland pretzels to snack on. Bliss. Well now you can add sexual predators to that charming list of flight hazards. Continue reading

Sexual Harassment Training Now Mandated: An Update on the Passage of House Bill 360

On June 12, 2018 House Bill 360 (HB360) was substituted in the House by House Substitute 1(HS1). It was voted out of Committee on June 20 and the final bill was passed on July 1 by the General Assembly. The final bill that passed had an amendment that changed some of the wording, which we discuss below. This bill will take effect on January 1, 2019. In the meantime, we have broken down the most significant differences between the original bill and its substitute. Continue reading