Category: Higher Ed News

  • HR and the Courts – September 2022 – CUPA-HR

    HR and the Courts – September 2022 – CUPA-HR

    by CUPA-HR | September 7, 2022

    Each month, CUPA-HR General Counsel Ira Shepard provides an overview of several labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira.

    University Football Coach’s First Amendment Retaliatory Discharge Claim For Posting “All Lives Matter” Sign On His Office Door Proceeds

    A federal district court judge recently denied a University of Illinois motion to dismiss its former offensive coordinator’s claim that his retaliatory termination was in violation of his First Amendment rights by posting a handwritten note on his office door stating “All lives matter to our lord and savior Jesus Christ.” The federal judge ruled that the former coach was not acting within his official duties when he posted the note. The judge concluded that the plaintiff was not paid by the university to decorate his office door, but rather was paid to coach football. Therefore, the note expressed his personal views (Beathard v. Lyons (C.D. Ill,. No, 21-cv-01352, 8/11/22)).

    The court ruled that it is premature to decide whether the university can justify the termination because “there is not enough information to properly weigh” the interests of the university against that of the public employee in this matter. The plaintiff alleges that someone posted a general statement without his permission that supported Black athletes at the university in the wake of George Floyd’s death. He claims to have taken down the note and posted his own handwritten note. According to the complaint, his note upset some players who boycotted practice. CUPA-HR will follow developments in this case.

    Federal Appellate Court Holds That Gender Dysphoria Is a Disability Covered Under the ADA

    The Fourth Circuit Court of Appeals (covering Maryland, Virginia, West Virginia, North Carolina and South Carolina) recently became the first federal appellate court to rule that gender dysphoria is a disability covered under the Americans with Disabilities Act (ADA). The 33-page majority decision was accompanied by a 21-page dissent. The appellate panel ruled 2-to-1 that gender dysphoria is covered under the ADA (Williams v. Kincaid (4th Cir. 21-2030. 8/16/22)).

    The ADA contains a statutory provision excluding gender identity disorders from coverage under the ADA. The appellate court noted that the American Psychiatric Association (APA) removed gender identity disorders from its diagnostic manual nearly a decade ago. Gender identity disorders had referred to a condition of identifying as a different gender. The APA replaced the gender identity disorder diagnosis with the more modern diagnosis of gender dysphoria. Gender dysphoria is currently contained in the APA’s diagnostic manual and is a “clinically significant distress or impairment related to a strong desire to be another gender.” The APA says that the condition can interfere with an individual’s social life, their ability to do their job and other daily functions.

    The appellate court concluded that the “plain meaning” of the ADA’s exclusion of gender identity disorders as “it was understood at the time of enactment” does not then or now exclude gender dysphoria from ADA coverage. The court concluded that “the obsolete definition focused on cross gender identification; the modern one on clinically significant distress.” The dissent disagreed stating that “Judicially modifying the meaning of a statute because of society’s changing attitudes not only invades the province reserved for legislature, it turns the statute into a moving target.”

    Transgender Class Against the State of West Virginia Alleging State’s Denial of Gender-Affirming Care Violates Obama Care Statute Prevails in Trial Court

    A class of more than 600 transgender Medicaid participants prevailed in federal court against the state of West Virginia where a federal judge held that the state’s denial of gender-affirming care violated the federal anti-discrimination provisions of the Obama Care statute and the U.S. Constitution (Fain et al v. Crouch et al (3:20- cv-00740 S.D. W.Va.. 8/2/22)). The case may have applicability to other state medical and health plans.

    The court recognized that often the same procedure is used to treat a variety of cases and it is unlawfully discriminatory to deny transgender patients similar treatment given to non-transgender patients.

    Court of Appeals Approves NLRB Order for Private Employer to Pay Union Legal Fees Incurred in Collective Bargaining Process

    In a case applicable to private colleges and universities which are subject to National Labor Relations Board (NLRB) jurisdiction, the U.S. Court of Appeals for the Ninth Circuit (covering California, Oregon, Washington, Montana, Idaho, Nevada and Arizona) affirmed an NLRB decision ordering an employer to pay its union’s legal fees incurred in the collective bargaining process (NLRB v. Ampersand Publishing (9th Cir. No. 21-71060, 8/11/22)).

    The Ninth Circuit concluded that although the NLRB lacks jurisdiction to award attorney fees as a remedy in the litigation context, it is fully within their authority to award such a remedy in the collective bargaining context. In this case, the union filed unfair labor practice charges alleging the employer’s refusal to bargain. The union claimed it had to incur extra attorney fees as part of the bargaining process because of the employers violation. The court rejected the employer’s argument that the legal fees were akin to litigation costs because of the unfair labor practice charges filed with the NLRB. The NLRB disagreed and attributed the attorney fees of $42,000 to the collective bargaining process. The case involved the Santa Barbara News Press as the employer and a local teamster affiliate that has incurred the legal fees.

    IRS Initiates Pilot Program Allowing Workplace Employee Benefit Plans to Correct Errors Before Formal Audits Commence

    Under a new pilot program, the Internal Revenue Service (IRS) will allow workplace benefit plans to correct errors before investigators formally commence an audit. As part of a new pilot project, about 100 U.S. workplace benefit plans, including retirement plans, have received letters from the IRS since June allowing selected plans a 90-day window to correct mistakes in plan design, administration or documentation before regulators launch formal audits or close out case files.

    Self-identified corrections of this sort are not new to the IRS, however, before this pilot they were only available to employers who had not been targeted by an audit.

    Federal Judge Blocks Florida Workplace Bias Training Restrictions 

    A federal district court judge approved a preliminary injunction barring the enforcement of a Florida statute which restricts workplace bias training from teaching about unconscious bias. The Florida statute known as the Individual Freedom Act (IFA) bars employers from endorsing various race, sex and ethnicity-based concepts during workplace training.

    The plaintiffs are a coalition of employers and diversity and inclusion specialists who conduct workplace training. The judge ruled that the Florida statute likely violates the First and Fourteenth Amendments and that the plaintiffs will incur irreparable harm if the IFA is allowed to be enforced (Honeyfund.com Inc. et al v. Ron DeSantis et al (Case no. 4:22-cv-00227. N.D. Fla., 8/18/22)).



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  • Time Is Running Out: Help Your Employees Navigate the Special PSLF Waiver – CUPA-HR

    Time Is Running Out: Help Your Employees Navigate the Special PSLF Waiver – CUPA-HR

    by CUPA-HR | August 24, 2022

    On Oct. 6, 2021, the U.S. Department of Education announced a change to the Public Service Loan Forgiveness (PSLF) program rules for a limited time as a result of the COVID-19 national emergency. Millions of non-profit and government employees have federal student loans and may now be eligible for loan forgiveness or additional credit through the limited PSLF waiver. But they need to act fast. The special waiver expires October 31, 2022.

    Here are several resources for HR professionals who want to get the word out to employees before the opportunity passes.

    Learn More and Get Tips for Educating Employees

    In June, CUPA-HR hosted the webinar, Helping Employees Understand and Navigate the Public Service Loan Forgiveness (PSLF) Program, where Department of Education representative Ashley Harrington shared details about the program and how HR can help guide employees through the necessary processes to achieve loan forgiveness. The recorded webinar is available for viewing any time.

    Explore the Department of Education’s Employer Toolkit

    The Department of Education’s PSLF waiver toolkit is a comprehensive resource that features a PSLF fact sheet, sample social media posts and email templates HR can use to spread the word to campus employees.

    Direct Employees to the Borrower Site

    For a clear explanation of the program and a simple step-by-step process to determine who is eligible for the program, direct employees to the Federal Student Aid website.

     



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  • DHS Proposes Rule Permitting Alternative Options for Form I-9 Document Examination – CUPA-HR

    DHS Proposes Rule Permitting Alternative Options for Form I-9 Document Examination – CUPA-HR

    by CUPA-HR | August 23, 2022

    On August 18, the Department of Homeland Security (DHS) published in the Federal Register its anticipated Notice of Proposed Rulemaking (NPRM) on optional alternative examination practices for employers when reviewing an individual’s identity and employment authorization documents required by the Form I-9, Employment Eligibility Verification. Interested stakeholders can submit comments on the NPRM through October 17.

    Under current law, employers are required to physically examine an individual’s identity and employment authorization documents within three business days after an individual’s first day of employment. The proposed rulemaking, however, would create a framework under which the Secretary of Homeland Security could allow alternative options for verifying those documents, such as reviewing the documents via video, fax or email.

    As explained in the NPRM, the proposal does not directly allow employers or agents acting on the employer’s behalf to use such alternative examination options, but instead would create a framework under which the Secretary would be authorized to extend the flexibilities. The Secretary would be authorized to implement the alternative options in a pilot program if they determine such procedures would offer an equivalent level of security, as a temporary measure to address a public health emergency declared by the Secretary of Health and Human Services, or a national emergency declared by the President.

    The DHS is issuing this rulemaking following the success of temporary changes to document verification procedures implemented at the onset of the COVID-19 pandemic. In March 2020, the DHS’s Immigration and Customs Enforcement deferred its physical examination requirements for Form I-9 and relaxed its enforcement. Employers were allowed to review documents through video, fax or email so long as they also retained copies of the documents. The policy proved successful and was extended several times, but is currently set to expire October 31, 2022. It may still be extended as the agency pursues this rulemaking.

    In December 2021, CUPA-HR submitted comments to the DHS in response to the agency’s Request for Public Input on remote document examination. In its comments, CUPA-HR reported the results of the survey it conducted of member institutions’ experiences with the agency’s Form I-9 flexibilities. CUPA-HR members reported positive experiences with the changes and said they did not run into challenges with implementation. Respondents strongly supported a permanent option for remote document examination and said the policy provides numerous benefits for higher education institutions, including providing more flexibility for remote work, reducing the time needed to complete document verification and reducing institutions’ paperwork burden. Respondents also criticized physical document examination as overly burdensome.

    CUPA-HR plans to submit comments on the NPRM and will likely ask members for their input in the coming weeks.



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  • August Recess Roundup: Congressional and Regulatory Updates – CUPA-HR

    August Recess Roundup: Congressional and Regulatory Updates – CUPA-HR

    by CUPA-HR | August 22, 2022

    When August arrives, Congress leaves D.C. and heads to their home districts for the annual August recess period. To keep CUPA-HR members apprised of recent and future actions on the Hill and in federal agencies, here are highlights of the latest actions by Congress, nominations they’ll have to consider when they return, and regulations that may be issued throughout the month.

    Legislative Updates

    On August 16, President Biden signed the Inflation Reduction Act into law following its passage, along partisan lines, in both the U.S. Senate and House of Representatives. The Inflation Reduction Act, which is a slimmed down version of the reconciliation bill Democrats have been pushing for, focuses on policies to mitigate the impacts of climate change, reduce healthcare costs and increase tax revenue to reduce the federal budget deficit. This reconciliation bill was narrowed down from the “Build Back Better” agenda, a step necessary to gain support from Senators Joe Manchin (D-WV) and Kyrsten Sinema (D-AZ) to get the bill over the 50-vote threshold. Notably, the final package did not include “Build Back Better” provisions like paid leave, universal community college and childcare.

    Additionally, on August 9, President Biden signed the CHIPS and Science Act, which provided new funding to boost U.S. investments in research and manufacturing of semiconductors. With respect to the research investments, the bill includes a five-year, $81 billion authorization of the National Science Foundation to go toward research funding. Additionally, the bill provides new funding to historically black colleges and universities and other minority-serving institutions, and for STEM programs at colleges and universities.

    Nominations Awaiting Confirmation

    On July 27, President Biden announced Jessica Looman as the new nominee for the Department of Labor (DOL)’s Wage and Hour Division Administrator. Looman has been serving as acting administrator for the agency since June 2021. Her nomination replaces Biden’s previously withdrawn nomination of David Weil, who failed to garner enough support in the Senate to be confirmed. Looman’s nomination will have to go through the Senate Health, Education, Labor and Pensions (HELP) Committee prior to going to the Senate floor for a full vote. Timing on both votes are uncertain at this point.

    Additionally, Kalpana Kotagal’s nomination for the Equal Employment Opportunity Commission (EEOC) continues to be held up in the Senate. In May, the Senate HELP Committee deadlocked on a vote to move her nomination to the full Senate, which means the full Senate will have to vote to advance her nomination out of committee — a logistical hurdle in a 50-50 Senate with sparse time on their legislative calendar. The result of this hold up means the EEOC will continue to operate with a Republican majority as federal statute allows Republican Commissioner Janet Dhillon, whose term expired in July, to remain an active member of the EEOC while her successor’s nomination is pending. If and when nominee Kotagal is confirmed, she will replace Commissioner Dhillon and tip control of the EEOC to a 3-2 Democratic majority. Her confirmation vote is also uncertain at this point.

    Regulatory Updates

    Though not guaranteed, there may be several proposals and final regulations that may be released by the Department of Education, the DOL and other relevant agencies throughout the month. Some of these include the expected proposed rule on Form I-9 remote verification flexibilities from the Department of Homeland Security, which has already had its review completed by the White House; a proposed rule on independent contractor classification, which was sent to the White House for review in July; and a final rule on the Deferred Action for Childhood Arrivals program, which has a target release date set for August.

    In addition to these proposed and final rules CUPA-HR is waiting to be released, the Department of Education is still undergoing its notice-and-comment period for the Title IX proposed rule that was released in June. CUPA-HR is assessing the proposal and will put together comments in response to the proposed rule. Comments are due September 12.

    CUPA-HR will keep members apprised of legislative and regulatory actions as August recess continues and we move into the fall.



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  • Event Planning, Institutional Research, Museum, and Tutor Positions See Significant Growth in the Wake of the Pandemic – CUPA-HR

    Event Planning, Institutional Research, Museum, and Tutor Positions See Significant Growth in the Wake of the Pandemic – CUPA-HR

    by CUPA-HR | August 10, 2022

    According to data recently released by CUPA-HR, the higher ed workforce positions that saw the greatest growth from 2020-21 to 2021-22 were event planning assistant (up 193%), institutional research analyst (up 161%), head of campus museum (up 120%) and tutor (up 114%). These increases reflect an increase in the number of people hired to fill existing or newly created positions since 2020-21.

    The positions that saw the greatest decline in number of employees were environment, health and safety technician (down 37%), head of campus learning resources center (down 36%), online instruction operations manager (down 32%) and dishwasher (down 29%). These decreases reflect a decrease in the number of people in these positions since 2020-21, either because the institution has reduced the number of available positions or because those positions have unfilled vacancies.

    A new interactive graphic from CUPA-HR shows the Positions and Disciplines With the Highest Growth and Decline for higher ed professionals, staff and tenure-track faculty.

    The Ongoing Impact of COVID-19

    In many cases, the growth and decline in these positions over the past year reflect the impact of the COVID-19 recession that began in the spring of 2020. Like so many employers, institutions have experienced the effects of the Great Resignation and the subsequent challenges of talent recruitment amid the growing availability of remote and flexible work options.

    Other factors may also be at work. The return to in-person events, the growing demand for data to inform institutional decision-making, and the continued interest in honoring the cultural histories of institutions may have increased demand for the positions that saw the greatest increases. Also, as the high school graduates most impacted by the pandemic’s disruption of classroom learning make their way to college, more tutors may be needed to help them bridge anticipated gaps.

    Smaller Shifts in Faculty

    Overall, tenure-track faculty saw much smaller increases and declines in the years analyzed. Disciplines with the highest growth were Library Science (up 8.4%), Liberal Arts and Sciences (up 7.0%), and Area, Ethnic, Cultural, Gender and Group Studies (up 2.3%). Disciplines with the greatest declines were Communications Technologies (down 22%), Agriculture (down 9%) and Engineering Technologies and Technicians (down 6.4%).

    More About the Results

    The data for these results came from CUPA-HR’s annual Professionals in Higher Education Survey, Staff in Higher Education Survey and Faculty in Higher Education Survey. Analyses included more than 600 institutions that participated in each survey in both years of the comparison. For additional details, see the interactive graphic in the Research Center. These data and more are available through CUPA-HR’s DataOnDemand subscription service.



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  • HR and the Courts – August 2022 – CUPA-HR

    HR and the Courts – August 2022 – CUPA-HR

    by CUPA-HR | August 9, 2022

    Each month, CUPA-HR General Counsel Ira Shepard provides an overview of several labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira.

    EEOC Reaches Settlement Banning Employer Collection of Family COVID-19 Testing Results — GINA Implications 

    In a case involving a dermatology medical practice in Florida, the EEOC reached a settlement of the charge it brought against the employer medical. The case alleged that the employer violated the Genetic Information Nondiscrimination Act of 2008 (GINA) when it collected family COVID-19 testing results of its employees. Title II of GINA bans employers from collecting an employee’s genetic testing results and a worker’s family medical history.

    However, the EEOC also issued guidance stating that an employer can still ask its employees if they had contact with anyone who has been diagnosed with COVID-19 or who has had symptoms of COVID-19. Nonetheless GINA prohibits employers from inquiring directly and specifically as to the COVID-19 status of an employee’s family members.

    The EEOC also recently issued guidance on July 12, 2022, that, going forward, before requiring employees to submit to COVID-19 testing, employers should consider whether current pandemic circumstances and individual workplace circumstances justify viral screening of employees. Essentially the EEOC’s position is that before going forward with workplace COVID-19 screening, the employer must demonstrate a “business necessity” based on general pandemic circumstances and individual workplace circumstances.

    Federal Court Holds That Discharge Proximity to an Employee’s Filing for Extended FMLA Leave Warrants a Jury Trial Over Retaliatory Discharge Claims 

    A federal district judge recently ruled that a plaintiff’s claim that her discharge shortly after seeking an extension in FMLA leave to deal with mental health problems was retaliatory  warrants a jury trial over FMLA retaliatory discharge allegations and dismissed the employer’s motion for summary judgement. The plaintiff was a human resources manager who allegedly suffered from depression and anxiety. The employer argued that it was entitled to summary judgement because the plaintiff was discharged before the employer made a decision on the FMLA extension request. The judge concluded that gaps and inconsistencies in the employer’s explanation of the reasons for discharge warrant a finding of fact by a jury as to the timing and reason for discharge (Moryn v. G4S Secure Solutions USA, Inc. (2022 BL 222775 Dist Minn. No. 0:21-cv-00123, 6/28/22)).

    The plaintiff had requested and received a three-month leave of absence based on the recommendation of her physician for mental health reasons. When the three-month leave concluded, the employee requested an additional month followed by a part-time work schedule that progressively added more days to the job.

    Separately the judge dismissed the allegations under Minnesota state discrimination law related to disability discrimination and the allegations that the employer failed to accommodate the plaintiff.

    Court of Appeals Rules That a State Agency’s Banning of “Black Lives Matter” Adornments to Employee Uniforms Violates the First Amendment

    The U. S. Court of Appeals for the 3rd Circuit (covering Pennsylvania, New Jersey and Delaware) affirmed the decision of a federal trial court, which ruled that a Pennsylvania local transit authority violated the First Amendment guarantee of free speech by prohibiting Black Lives Matter adornments on employees’ uniforms as part of its policy prohibiting political and social adornments on employee uniforms.

    The court of appeals also ruled that the Allegheny County Port Authority’s policy revision, which allowed employees to wear only certain masks to make it easier for the authority to enforce its ban on Black Lives Matter messaging, violated the First Amendment. The case challenging the transit authority’s policies was brought by the employees’ union in Amalgamated Transit Union Local 85 v. Port Authority of Allegheny County (3rd Cir. No. 21-1256, 6/29/22 ).

    U.S. Supreme Court Rules in Favor of Football Coach’s After-Game Prayer, Concluding His Discharge Violates the First Amendment Free Speech and Religion Provisions 

    In a long-awaited and controversial decision, the U.S. Supreme Court ruled against a school district firing of a football coach who refused to abandon his long-practiced ritual of kneeling in prayer at the 50-yard line at the conclusion of each football game. In doing so, the Supreme Court overruled the decision of the 9th U.S. Circuit Court of Appeals ruling in favor of the school district. The football coach argued that he had agreed to the school district’s demands that he stop leading prayers with his players, but wanted to continue taking a knee in prayer alone after each game.

    Justice Neil Gorsuch concluded that the case was about “three quiet prayers,” and because no student joined in those prayers, the coach was acting as a private citizen, not a school employee or coach. The justice concluded that the coach was not acting within the scope of his activities as a coach and therefore his actions were protected by the First Amendment. The Supreme Court decision was a divided one, 6 to 3 (Kennedy v. Bremerton School District ( US 21-418, 6/27/22 )).

    NLRB Reports That Private-Sector Union-Organizing Petitions Have Risen 58% and Unfair Labor-Practice Charges Filed by Employees Have Risen 16% in Fiscal Year 2022

    The National Labor Relations Board (NLRB) reported a sharp increase in private-sector union-organizing petitions filed during the first three quarters of fiscal 2022 (October 1-June 30), concluding that union-organizing petitions rose by 58%. The increase in union-organizing petitions has been across the board in the private sector and not limited to high-profile organizing nationwide at Starbucks and Amazon. U.S. workers filed 1,892 organizing petitions in the first three quarters of fiscal 2022 as compared to 1,197 petitions in the first three quarters of fiscal 2021.

    The data also show that U.S. workers filed 16% more unfair labor-practice charges against employers during the first three quarters of fiscal 2022. Unfair labor-practice charges at the end of June had increased from 11,451 in fiscal 2021 to 13,105 in fiscal 2022.



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  • The Wildfire Program Welcomes a New Cohort for 2022-23 – CUPA-HR

    The Wildfire Program Welcomes a New Cohort for 2022-23 – CUPA-HR

    by CUPA-HR | August 3, 2022

    For the higher ed HR community to thrive there must be a pipeline of early-career professionals waiting in the wings, and one way CUPA-HR equips early-career pros to grow in their role and take steps toward their career goals is through the Wildfire program.

    The program, sponsored in part by HigherEdJobs, is a 12-month immersive experience that connects a small, select group of early-career higher ed HR professionals with some of the top leaders in the profession, giving them a variety of learning opportunities.

    Rob Keel, a member of the 2019-20 Wildfire cohort and past president of the CUPA-HR Tennessee Chapter, had this to say about the program: “Wildfire helped open my eyes to the possibilities within higher education HR. The network I gained through my involvement with Wildfire has provided so much support as I navigate my career. If you want to develop relationships that have the power to transform, Wildfire has the power to do just that.”

    As a new year gets underway, we want to congratulate and welcome the Wildfire program participants for 2022-23:

    • TJ Bowie, Equal Opportunity and HR Compliance Manager, Elon University
    • Joy Brownridge, Training and Development Specialist, University of Illinois System
    • Amanda Burshtynsky, Employee Payroll and Insurance Clerk, Genesee Community College
    • Kelleebeth Cantu, HR and Employment Coordinator, Trinity University
    • Audrey Ettesvold, Human Resource Specialist, Idaho State Board of Education
    • Alexis Hanscel, Benefits Manager, Denison University
    • Kathleen Hermacinski, Human Resource Coordinator, Eureka College
    • Anshuma Jain, HR Administrator, Hudson County Community College
    • Jessica Ludwick, Human Resources Consultant, University of North Carolina Wilmington
    • Tracey Pritchard, HR Coordinator, University of Iowa
    • Trevon Smith, HR Generalist, Drake University
    • Christopher Williams, HR Partner, University of Maine System Office

    Interested in joining our 2023-24 cohort? Learn more about the Wildfire program.



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  • Federal Judge Blocks Department of Education’s Title IX Guidance – CUPA-HR

    Federal Judge Blocks Department of Education’s Title IX Guidance – CUPA-HR

    by CUPA-HR | July 27, 2022

    On July 15, a federal judge from the U.S. District Court of the Eastern District of Tennessee issued a preliminary injunction blocking enforcement of the Department of Education’s Title IX guidance that prohibits discrimination on the basis of gender identity and sexual orientation. Specifically, the ruling blocks enforcement of a June 2021 Notice of Interpretation issued by the department’s Office for Civil Rights (OCR) in light of the Supreme Court’s 2020 decision in Bostock v. Clayton County and President Biden’s Executive Order, “Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation and Gender Identity.”

    Twenty Republican-controlled states, led by their attorneys general, were listed as plaintiffs on the case, arguing that the department’s guidance should not be enforced by the agency as it did not go through the notice-and-comment rulemaking process and is not codified law. They claimed that the department’s enforcement of the guidance also puts states at risk of losing significant federal funding if they do not comply with the guidance. The Eastern District of Tennessee judge ruled in favor of the plaintiffs, issuing the preliminary injunction while stating that the guidance interferes with states’ abilities to enforce their own laws that prohibit transgender students from participating on sports teams or using restrooms that align with their gender identity.

    As it currently stands, the injunction applies only to the 20 states listed as plaintiffs in the case, potentially impacting the policies of colleges and universities in those states. Notably, the injunction does not impact the recently issued Title IX proposed regulations that are currently undergoing a 60-day notice-and-comment period. If the Title IX regulations are codified into law, however, they may face similar legal challenges.

    CUPA-HR will continue to monitor this issue and keep members apprised of any developments related to Title IX.



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  • More Than Half of College and University Employees Say They Are Likely to Look for Other Employment in the Near Future – CUPA-HR

    More Than Half of College and University Employees Say They Are Likely to Look for Other Employment in the Near Future – CUPA-HR

    by CUPA-HR | July 21, 2022

    New research from CUPA-HR shows that higher education institutions are in the midst of a talent crisis, as many staff, professionals and administrators are considering other employment opportunities due to dissatisfaction with their pay, their opportunities for advancement, their institutions’ remote and flex work policies, and more.

    The newly published research report, The CUPA-HR 2022 Higher Education Employee Retention Survey: Initial Results, provides an overview of what proportion of the higher ed workforce is at risk for leaving, why they’re considering leaving employment, and with which policies, work arrangements and benefits employees are satisfied or dissatisfied. The report includes several recommendations for addressing these issues.

    Data from 3,815 higher ed employees across 949 institutions and representing 15 departments/functional areas were analyzed for this report.

    Findings

    Higher ed employees are looking for other jobs, mostly because they desire a pay increase. More than half (57%) of the higher ed workforce is at least somewhat likely to look for other employment opportunities in the next 12 months. The most common reason for seeking other employment (provided by three-fourths of those likely to look for another job) is an increase in pay. Other reasons are that they desire more remote work opportunities, a more flexible schedule, and a promotion or more responsibility.

    Higher ed institutions are not providing the remote work opportunities that employees want. Nearly three-fourths (71%) of employees report that most of their duties can be performed remotely, and 69% would prefer to have at least at least a partially remote work arrangement, yet 63% are working mostly or completely on-site.

    Higher ed employees are working longer and harder than ever. Two-thirds (67%) of full-time staff typically work more hours each week than what is considered full-time. Nearly two-thirds (63%) have taken on additional responsibilities of other staff who have recently left, and nearly three-fourths (73%) have taken on additional responsibilities as a direct result of the pandemic.

    Higher ed employees have clear areas of satisfaction and dissatisfaction. Areas of satisfaction include benefits, relationship with supervisor, job duties, and feeling a sense of belonging. Areas of dissatisfaction include investment in career development, opportunities for advancement, fair pay, remote work policies and parental leave.

    Read the full report.



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  • Association Leaders Gathered to Learn, Laugh and Launch a New Year at the 2022 ALP! – CUPA-HR

    Association Leaders Gathered to Learn, Laugh and Launch a New Year at the 2022 ALP! – CUPA-HR

    by CUPA-HR | July 20, 2022

    CUPA-HR’s Association Leadership Program (ALP) has taken place every July for more than two decades, bringing together chapter, region, and national board members; association staff; key corporate partners; and other invited guests. After two years of meeting only virtually, these leaders were finally able to meet again in person last week.

    “We’re Still Standing!”

    The HR challenges of the past two years have included leading emergency COVID-19 response, exploring a new frontier of flexible work, and addressing unprecedented talent recruitment and retention challenges. Through it all, higher ed HR professionals have been on the front lines, adapting and transforming the workplace with resourcefulness, leadership and strategic insights.

    To celebrate that strength and resilience, CUPA-HR president and CEO, Andy Brantley, and national board chair, Jay Stephens, kicked off the two-day meeting with Elton John’s “I’m Still Standing” playing in the background and issued an irresistible photo challenge for attendees. (Be sure to check out the photos posted to Twitter with the hashtag #cupahr22.)

    Building Knowledge and Connection

    The ALP’s highly interactive program included:

    • tips for managing chapters and developing a leadership pipeline
    • updates on CUPA-HR’s work on Title IX and other public policy imperatives
    • a practical overview of CUPA-HR’s DEI Maturity Index and new Research Center
    • a discussion of winning strategies for higher ed’s post-pandemic war for talent
    • a presentation on cultivating trauma-informed practice in higher education leadership

    Beyond the programming, however, what attendees valued most about the event was the opportunity to validate their campus experiences in conversations with peers, rekindle the motivation behind their work, and take away great ideas for transforming their HR teams and their institutions in ways big and small.

    Interested in Taking Your Professional Development Further?

    CUPA-HR’s volunteer leaders have committed to advancing the profession and the mission of CUPA-HR. They understand the complexities of higher ed HR, and they want to enhance the knowledge and skills they need to lead their institutions into the future.

    Are you ready to take that next step in developing your leadership skills, shaping the profession, and gaining one-of-a-kind access to successful practices and HR professionals from across the country? Then CUPA-HR leadership — in a chapter, at the region level, or even on the national board of directors — might be right for you. Learn more about how you can get involved.

     

     



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