Category Archives: Personnel

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EEOC Issues New Guidance Concerning Pregnancy Discrimination and Accommodations

Posted in Personnel
On June 25, 2022, the U.S. Equal Employment Opportunity Commission issued Enforcement Guidance on Pregnancy Discrimination and Related Issues (the Guidance). As stated on the EEOC’s website, the Guidance supersedes the EEOC’s earlier guidance on the Pregnancy Discrimination Act (PDA), which had been issued in . The Guidance was also issued, in part, in response… Continue Reading

Teacher Discipline Pursuant to §3020-a of the New York State Education Law: Significant Changes

Posted in Personnel
Several years ago, there were changes made to §3020-a intended to streamline the process of disciplining a tenured teacher/administrator. Effective July 1, 2022, even more significant changes have been made to the statute based on the enactment of a new state budget. The changes also create §3020-b, which establishes procedures related to termination based on… Continue Reading

HIPAA Breach Affects Many Western New York School Districts

Posted in Personnel
Recently, a national BlueCross BlueShield affiliate, Anthem, Inc., discovered that its information technology systems was hacked. The information believed to have been accessed includes names, member ID numbers, dates of birth, addresses, social security numbers, e-mail addresses, telephone numbers, and employment information, including income data. Many local school districts’ group health plans were affected by… Continue Reading

Governor Cuomo Vetoes His Own Common Core Bill

Posted in Personnel
On Monday night, December 29, , Governor Cuomo vetoed a bill that promised to protect “New York’s standing as a national leader in teacher evaluation.” Specifically, the legislation would have created a two-year safety net that excluded Common Core state tests from teachers’ and principals’ annual professional performance reviews if the teacher or principal was… Continue Reading

Governor Amends NYS Human Rights Law to Protect Unpaid Interns From Discriminatory Practices

Posted in Personnel
As recently reported in one of our client alerts, the New York State Human Rights Law has been amended to bar employers from engaging in “discriminatory practices” against unpaid interns. The client alert defines “unpaid interns” and enumerates the now-prohibited practices against such individuals. School districts that engage such interns should review their practices and… Continue Reading

Positive Impact of the Recent 3020-a Amendments on a School District’s Ability to Manage Tenured Teachers

Posted in Personnel
Although no one would argue that the process for removal of a tenured teacher pursuant to §3020-a of the Education Law of New York is optimal, the amendments to the this statutory provision that apply to all charges against tenured educators filed on or after April 1, 2012, have had a positive impact on districts’… Continue Reading

Do Referees Face Liability for Their Decisions in Sports Contests?

Posted in Personnel
The doctrine of assumption of risk is a familiar one in the sports-torts arena. The general rule is that an athlete assumes the normal, commonly appreciated risks associated with playing his or her particular sport. It cannot be used to protect against reckless or intentional conduct or concealed or unreasonably increased risks, however. For example,… Continue Reading

School Districts Beware: Stand-Alone 105(h) Plans Generally Prohibited

Posted in Personnel
Under guidance published by both the Labor and Treasury Departments, beginning with the plan year, employers (including school districts) may no longer utilize stand-alone general purpose Health Reimbursement Accounts (“HRAs,” also commonly known as 105(h) plans) for current employees. An HRA will generally not be permitted unless it is integrated with a group health… Continue Reading

IRS Updates Employee Plans Compliance Resolution System, Announces Pre-Approved 403(B) Plan Program

Posted in Personnel
The Internal Revenue Service (IRS) maintains the Employee Plans Compliance Resolution System (EPCRS) as a mechanism for sponsors of qualified retirement plans to correct plan errors and to maintain their plans’ tax-favored status. EPCRS was recently updated by the IRS and many of the updates are directed at 403(b) plans, including 403(b) plans sponsored by… Continue Reading