Earlier this year, in Torres v. Texas Department of Public Safety (June 29, 2022) __ U.S. __ [142 S.Ct. 2455], the United States Supreme Court held that claims for damages under the federally enacted Uniformed Services Employment and Reemployment Right Act (USERRA) are permissible in federal court against states and arms of the state, such as California universities, community college districts, a
On the heels of the United States Supreme Court decision in Dobbs v. Jackson Women’s Health Organization (2022) ___U.S.___ [142 S.Ct. 2228] (overturning various abortion rights precedents) and the recently proposed changes to the regulations under Title IX of the Education Amendments of 1972 (Title IX), the U.S. Department of Education (Department) Office for Civil Rights (OCR) has released
Current law allows for the administration of prescription medication to students at school, and specifically authorizes local educational agencies (LEAs) to use trained, non-medical school personnel to administer or assist with the administration of emergency epinephrine autoinjectors, emergency naloxone hydrochloride or another opioid antagonist, glucagon, and inhaled asthma medication.
Legislative Update: Changes in DOJ Background Checks and Expansion of the Statewide Immunization Database
Two important bills, Senate Bill (SB) 731 and Assembly Bill (AB) 1797, were enacted in September, impacting the information available to school districts conducting background checks, and expanding the use of a Statewide immunization database.
Legislation Roundup: New Holidays, Extended Statute of Limitations for Mandatory Reporter Violations, and Health Benefits for Striking Employees
September was a busy month for Governor Newsom, who signed into law several bills which will have a significant impact on public employers.
Assembly Bill (AB) 152 went into effect immediately and extended the requirement to provide eligible employees with supplemental paid sick leave (SPSL) through December 31, 2022.
Governor Newsom recently signed into law Assembly Bill (AB) 2188, which prohibits employers from discriminating against job applicants and current employees for cannabis use off the job and away from the workplace beginning January 1, 2024.
In a recently decided case, Fellowship of Christian Athletes v. San Jose Unified School District Board of Education (9th Cir. Aug. 29, 2022, No. 22-15827), the Ninth Circuit Court of Appeals reversed a federal district court and determined that the San Jose Unified School District’s use of its non-discrimination policy against the Fellowship of Christian Athletes (FCA) likely violat
California Supreme Court Affirms Public School Districts Cannot be Sued Under Unruh Civil Rights Act for Disability Discrimination
The California Supreme Court recently upheld a lower court ruling that a public school district is not a “business establishment” and therefore cannot be liable for disability discrimination under California’s Unruh Civil Rights Act (Unruh Act or Act).