

by CUPA-HR | May 11, 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.
The EEOC recently reported a substantial increase in the number of mental health-related accusations of employer discrimination in the workplace filed under the Americans with Disabilities Act (ADA). Mental health-related discrimination claims in the past year accounted for 30 percent of all of the ADA claims filed. That is a 20 percent increase in mental health ADA claims filed over the past 10 years. The rise is partially attributable to the pandemic. Anxiety and post-traumatic stress disorder (PTSD)-related claims appear to be driving the increase and account for nearly 60 percent of all mental health ADA claims filed in the past year. Anxiety and PTSD claims now amount to 17.6 percent of all ADA charges filed in fiscal year 2021 according to the Equal Employment Opportunity Commission (EEOC).
The EEOC will likely be ramping up its publicity efforts emphasizing employer obligations to enter into the interactive accommodation request process with regard to employee requests for accommodation for mental health ADA claims.
Maryland, plus the District of Columbia, recently became the tenth state to mandate paid family leave among all private sector employees through a program funded by employer and worker payroll taxes. The program will guarantee all workers up to 12 weeks of paid leave benefits annually (up to a maximum of $1,000 per week) for care for the birth of a new child, their own medical issue, a family member’s serious illness or military deployment. The benefits will begin January 1, 2025. The payroll tax to fund the program is split between employers and workers and is scheduled to begin October 1, 2023. The tax rate will be determined through a Maryland Department of Labor study. The state of Delaware is also considering similar legislation.
A former gay male employee of the City of New York has filed a class action lawsuit alleging that the City of New York illegally discriminated against gay male employees in its denial of in vitro fertilization (IVF) benefits available to other employees. The plaintiff, who was an assistant district attorney, and his husband, filed the charge with the EEOC alleging a Title IV violation as well as violations of applicable city and state civil rights laws. They allege that the city has unlawfully denied IVF benefits to 100s of gay males who work for the city and have been denied the insurance coverage for these benefits (Benefits Law 360 4/13/22).
The California Assembly will consider passing a law protecting employees’ off hours marijuana use from the workplace or applicant discrimination. California lawmakers may fill in the gap that exists in 37 states plus the District of Columbia that have legalized medical marijuana use, and 18 states plus the District of Columbia which have legalized recreational use of marijuana. California and other states have long legalized marijuana for medical and recreational use but have not added its legal use to a protected class under the applicable state employer non-discrimination statute. This could be the first state to do so and the beginning of a growing trend.
Discontinuing Family and Medical Leave (FMLA) solely on the basis of a contrary second opinion rendered by a doctor chosen by the employer is not enough under the FMLA to terminate intermittent leave status. A federal judge in Pennsylvania denied summary judgment to Pennsylvania State University and held that the employee may present evidence at her upcoming FMLA interference trial that the university unlawfully subjected her to a second opinion rendered by a doctor of the university’s choosing. The court held in such circumstances where there is a difference of opinion between the claimant’s doctor and the doctor chosen to review the situation by the employer, a third doctor acceptable to both parties must review the situation (Wert v. Pa. State Univ. ( 2022 BL 132451 M.D. Pa. No. 4-19-cv-00155, 4/15/22).
The plaintiff had been on intermittent FMLA leave for about four months as her doctor certified she had been suffering from migraines and needed one day of leave per week. When her doctor upped her authorized medical leave to as many as four days a week the university consulted its own physician who disagreed with the employee’s doctor. The court held that in such situations the FMLA does not allow the employer to simply disregard the original doctor’s conclusions but requires the parties to agree on a third doctor to review the situation.

by CUPA-HR | May 10, 2022
Over the last month, CUPA-HR’s government relations team joined the American Council on Education (ACE) and other higher education organizations in virtual Capitol Hill meetings to discuss tax priorities for the higher education community. Meetings have been held with staffers of Members of the House Ways and Means Committee to advocate for tax policies and proposals to alleviate various burdens placed on students, employees and institutions alike.
Specifically, the meetings have allowed the higher education community to encourage members’ action on the following issues:
In June 2021, ACE sent a letter to House Ways and Means Committee and Senate Finance Committee leadership requesting these proposals and others be included in the American Jobs and American Families Plans. CUPA-HR signed onto this letter, along with several other higher education groups.
CUPA-HR joined the most recent meetings specifically to advocate for the Section 127 expansion and modernization. Section 127 of the IRC is an educational assistance program that allows employers to pay or reimburse an employee tuition or student loan repayments on a tax-free basis up to $5,250. CUPA-HR previously advocated for the program to include student loan repayments, which was granted under the 2020 CARES Act and the Consolidated Appropriations Act of 2021, as well as to increase the annual exclusion cap of $5,250 to an amount closer to $12,000, to expand coverage to employee’s partners and dependents, and to expand coverage to gig workers and independent contractors, all of which were a focus during the meetings.
CUPA-HR will continue to participate in these meetings and will keep members apprised of any legislative proposals that result from these meetings.

May 9, 2022 – Edu Alliance announces the launch of Higher Ed Without Borders a podcast series dedicated to education professionals worldwide. The series is hosted by Dr. Senthil Nathan and Dean Hoke co-founders of Edu Alliance. Each episode is a half-an-hour-long conversation with international thought leaders that will enlighten and provide some new thoughts on critical issues facing higher education globally.
The series will examine critical issues in higher education that are common to universities throughout the world. The introduction episode titled “What Makes This New Series Unique?” Dr. Senthil Nathan and Dean Hoke, discuss why they created this international higher education podcast series.
The initial 13-part series will begin on June 7th and a new episode will air every two weeks. The free podcast series will be available on Spotify, Apple, Google Podcasts, IHeart, Deezer, Player FM, and others, just search for the phrase “Higher Ed Without Borders”.
Higher Ed Without Borders is conducting a short survey asking members of the higher education community to suggest future topics and guests. You can participate by going to Podcast Topics and Guest Suggestions.
If your organization wants to know more about how Edu Alliance can best serve you, please connect with either Dean Hoke in the United States or Dr. Senthil Nathan in the United Arab Emirates.
The podcast is a production of Edu Alliance an education consulting firm located in Bloomington, Indiana and Abu Dhabi, United Arab Emirates. Founded in 2014 Edu Alliance assist higher education institutions worldwide on a variety of mission critical projects. Our consultants are accomplished leaders who share the benefit of their experience to diagnose and solve challenges. We have provided consulting and executive search services for over 35 higher education institutions in Australia, Egypt, Georgia, India, Kazakhstan, Morocco, Nigeria, Uganda, United Arab Emirates, and the United States.
A special thanks to:
White Rabbit in Bloomington, Indiana who is providing graphics, and audio support.
Higher Education Digest is the media partner for Higher Ed Without Borders podcast. The Digest is an independent Higher Education Portal and Magazine.

by CUPA-HR | May 4, 2022
Effective May 4, U.S. Citizenship and Immigration Services (USCIS) announced a Temporary Final Rule (TFR) to increase the automatic extension period of expiring employment authorization documents (EADs) for certain renewal applicants from 180 days to 540 days.
Specifically, the TFR applies to three groups of applicants in EAD categories currently eligible for the previous 180-day automatic extension of employment authorization and EAD validity. They are as follows:
Categories that are eligible for the lengthened automatic extension can be found here and include refugees and asylees (a3 and a5), spouses of certain H-1B principal non-immigrants with an unexpired I-94 showing H-4 non-immigrant status (c26), and adjustment of status applicants (c9), among others.
The TFR is part of a trio of efforts USCIS announced on March 29, 2022, to address the agency’s major backlogs and crisis-level processing delays. According to USCIS Director Ur M. Jaddou, “as USCIS works to address pending EAD caseloads, the agency has determined that the current 180-day automatic extension for employment authorization is currently insufficient,” and this temporary rule is necessary to “provide those non-citizens otherwise eligible for the automatic extension an opportunity to maintain employment and provide critical support for their families, while avoiding further disruption for U.S. employers.”
CUPA-HR will continue to monitor the implementation of the new auto-extension period and keep members apprised of further developments.

by CUPA-HR | May 3, 2022
From creating diversity efforts and development initiatives to leading change, human resources teams and HR practitioners across the country are doing great work every day.
CUPA-HR’s regional Higher Education HR Awards program recognizes some of the best and brightest in higher ed HR and honors HR professionals who have given their time and talents to the association.
Here are this year’s regional award recipients:
Honoring transformative HR work in higher education and recognizing a team that has provided HR leadership resulting in significant and ongoing organizational change within its institution
Office of Human Resources Management, Fordham University (Eastern Region)
Fordham University’s office of human resources management has transformed from a primarily transaction-focused department to a strategic partner that is relied upon throughout the university. The department has demonstrated its strategic strength on multiple fronts including the management of the university’s COVID-19 shutdown and reopening, return-to-work policies, customer service, technology, communication with employees that resulted in increased engagement and trust, anti-bias training, professional development initiatives and the performance management process. Additionally, in keeping with and living Fordham’s Jesuit mission of Cura Personalis, “caring for the whole person,” the office developed and implemented programs to help employees maintain a healthy work-life balance. Some health and wellness services that were developed include back-up childcare support, on-site and virtual physical fitness classes, and behavioral health services, such as a registered dietician available to employees. In doing so, the HR team has distinguished itself as a trusted advisor to employees, managers and senior leaders alike.
University Human Resources, Iowa State University (Midwest Region)
In 2019, Iowa State University implemented a new financial management and human capital management system. In conjunction with the new system, finance and HR service delivery teams were developed, pulling distributed customer-facing finance and HR roles into two centralized teams. University human resources’ performance through this significant and ongoing organizational change has been positive for the entire campus community. The HR delivery model has led to increased consistency and standardization in delivery of services across the university. It has also created a more well-trained and cohesive team of professionals that work together up and down the chain to find creative solutions to HR challenges and opportunities. HR support for leaders across the institution has significantly improved through better access to accurate data, streamlined processes for workforce and position planning, compensation adjustments, support addressing low-preforming employees and behavioral issues, large-scale employee movement and reorganizations, and professional human capital consulting. The new HR delivery systems have resulted in a much more efficient, collaborative and cohesive HR unit that is better equipped to serve employees and supervisors. At the same time, employees and supervisors have benefitted from HR’s reliability, transparency, accountability and consistency in its efforts to support them.
Talent and Culture Department, Broward College (Southern Region)
Recognizing that HR alone cannot create culture but that it plays a critical role in ensuring the infrastructure is in place to support the cultural aspirations of an organization, the talent and culture department at Broward College has worked over the last several years to spearhead significant organizational change. Beginning in 2019, the university launched its three-year culture transformation plan. An integral step in the transformation process was the implementation of information-gathering discussions between the HR leadership team and employee groups comprised of administrators, faculty and professional technical staff, which provided substantive feedback on areas that needed the most attention. This organizational change, led by the talent and culture department, has resulted in more substantive collaboration; stronger relationships among faculty, staff and administrators; and greater trust and communication between employees and their supervisors. It has also served as a catalyst for innovative projects throughout the organization designed to maximize the experience of employees, students and the community. Some major initiative highlights include the creation of talent business partner roles, Leadership 360 Assessments, psychological safety workshops, employee resource groups, employee onboarding, and a leadership development program called BC LEAD that educates and empowers managers at all levels to rise to leadership excellence.
HR Campus Climate Liaisons, The University of Texas Rio Grande Valley (Western Region)
After implementing a strategic action planning process, led by an internal HR workgroup called Campus Climate Liaisons, The University of Texas Rio Grande Valley saw double-digit improvements in climate survey results within three years, all amid a pandemic. The liaison group consists of individuals from various HR areas, such as talent development, organizational development, employee wellness and employee relations/business partners. The group was trained to provide support to assigned departments with result-sharing, action-planning and ongoing progress-reporting. This method ensured that all departments received the same level of support and helped the HR team better track progress toward climate goals. It also helped empower all department leaders to have conversations about campus climate and department climate. The biggest improvements were seen in areas of faculty, administration and staff relations; senior leadership; and facilities. The campus climate liaison model has been so successful that it will continue to be used for future campus climate initiatives and to provide ongoing support to all departments.
This award recognizes an individual who is serving in the first five years of a higher education HR career who has already made a significant impact.
Audrey Davis, Assistant Director of Personnel, Texas Tech University (Western Region)
With her enthusiasm and inspirational demeanor, Audrey Davis has built strong and trusting relationships with each department she works with, not only within university student housing, but within each auxiliary services area at Texas Tech University. Since taking over the personnel team, Audrey has demonstrated continuous innovation and creative thinking, which has completely changed the way the student housing personnel team operates and provides services. After only two years in her role, she has identified and eliminated major gaps in the onboarding/offboarding processes. She has also developed a collaborative hiring system that allows hiring managers to communicate efficiently with the personnel team to discuss new hires, promotions and terminations. Audrey’s initiatives have resulted in university student housing being named a center for excellence for human resourcing by the assistant vice president for auxiliary services. Audrey continues to make a positive impact with her role and demonstrates her passion through advocacy, by fostering a welcoming work environment and by building confidence in her team to serve as a one-stop shop for personnel services.

by Lakyn Whaley | May 2, 2022
May is Mental Health Month. Throughout the month, be sure to join the Connect discussion in the General Discussion group to discuss challenges and successes, as well as pose questions and offer advice to higher ed HR peers on the topic of mental health. A Zoom discussion will also take place mid-May. Stay tuned for the link to be posted in the Connect discussion.
Employee Assistance Programs (EAPs) are nothing new. In fact, 97 percent of large employers offer an EAP as part of their benefits package. Yet, the utilization rate of these programs is abysmally low, clocking in at an average of less than 5 percent even as concerns around mental health continue to grow. EAPs should be a key resource for struggling employees, so why isn’t anybody using them?
Lack of awareness, on multiple levels, plays a large role in the underutilization of EAPs. Usually, employees are introduced to their organization’s EAP and other benefits during their onboarding process. However, the deluge of information new employees are exposed to during this time can easily wash out any memory of an EAP mention.
In addition, there’s a general lack of awareness as to how EAPs function. People may form their own incorrect assumptions, such as thinking that participating in an EAP will incur an immediate cost or that EAP use will be reflected on performance evaluations, which keep them from accessing this benefit.
From grief counseling to connecting employees to legal resources, the situations that EAPs are designed to provide support for can often be deeply personal. Because of this, some employees may be concerned that personal details or other information related to their EAP access will be shared with their employers, since the EAP is an employer-sponsored program. Others may be hesitant to interact with EAPs due to the stigma surrounding mental and behavioral health topics.
If employees are aware and comfortable accessing their organization’s EAP, the next challenge they often have to surmount is the myriad steps required to connect with the resources and services they need. Many of the individuals who would benefit from using an EAP are already operating under higher levels of stress and may be more fatigued than their peers. This can mean that these employees are less likely to have the energy needed to engage with extended processes, even when they’re the ones who need it most.
It might feel like the issues listed above are too big for one department — and in some cases one person — to overcome, but there are steps you can take to help.
Start by looking at your organization’s EAP from an employee perspective and map out the steps someone needs to take to access services. Ask questions along the way such as: How many steps are there? How do employees learn more about their EAP? What options are there for contacting someone? Might the hours of service be prohibitive to some? Are the services provided meeting a variety of needs? Note too where you notice the potential for confusion or frustration within the process and remember that if something can be simplified, it should be simplified!
Once you’ve reassessed the EAP process, take some time to examine how your campus is talking about mental health in general. While communication about the EAP is necessary for program awareness, by itself it’s not enough to improve utilization. Double down on efforts to reduce stigma around mental health and mental illness. Creating a culture where employees feel safe to talk about their mental health and welcome to bring their whole selves to the table has myriad benefits — only one of which is improving EAP usage.
Related resources:
Mental Health Toolkit (CUPA-HR members-only resource)
Destigmatizing Mental Health on Campus: What Can HR Do (Higher Ed HR Magazine)
Right Direction – Free Turnkey Resources for Organizations to Address Mental Health in the Workplace

I cannot help but think of Joseph Welch and his historic face off with Joseph McCarthy when he finally said, in effect, ENOUGH, “Have you no sense of decency.” The answer was obvious, Joseph McCarthy had no such thing.
Nor does the despicable, demagogue Ron DeSantis who will do anything to appeal to the worst values in people. Rather then lead people to embrace the moral high ground, he encourages people to wallow in the mud of racism, homophobia, and xenophobia. Rather than ask people to be better he asks them to be worse, much worse.
And among his staunchest enforcers is the University of Florida particularly President Fuchs, Provost Glover, and Law School Dean Laura Rosenbury. With respect to the latter especially, one would expect some sense of decency, or at least the courage to resist what is clearly a case of moral lawlessness. But no, in the Desantification of the University of Florida, rather then stand up against a bully, as did Joseph Welch, these so-called leaders cowered and when ask to jump simply asked “how high.” Any one of them could have been a hero in the world of higher education if they had simply said I will resign before I follow the orders of a maniac.
So, at the height of the covid crisis faculty were allowed to teach remotely but only after weeks of in person teaching. In the next year, while other schools required masks — a small price to pay perhaps to save a few lives — UF did not require masks. Fuchs, Glover, and Rosenbury were just trying to keep Florida’s McCarthy happy. And then, when professors were asked to testify as experts witnesses, they all folded again and decided it would displease their master if a word were uttered to upset his seemingly fascist agenda.
When the Desantis’ bizarre choice for Surgeon General appears to have needed a little extra dough, he was appointed to UF Med School. Not sure if the opening was announced ahead of time or whether a search took place. But who cares when it is to please the Governor. What was Fuchs’ response? Once again he simply said “how high.”
And remember, this cowadise occurred in the context of administrators who all had a guarantee of life time employment. In fact, even their professional aspirations might have been enhanced if they stood up against a demagogue. In short, some show of courage would have been easy but, then again, there are no heroes at UF.

I have seen some confusions recently on twitter regarding university finances. Here are four recommendations:
There are a few resources on this site for thinking about university finances. There is also a blog and recorded seminar for UCU on getting started with university accounts and “challenging the financial narrative”.
If you want more help, please get in touch.
I have worked with more than 40 UCU branches over the last few years to help with negotiations. Get in touch for details.
A testimonial: