Tag: CUPAHR

  • Three Elements of a Successful Onboarding Program – CUPA-HR

    Three Elements of a Successful Onboarding Program – CUPA-HR

    by CUPA-HR | September 14, 2022

    Onboarding programs consisting of a brief history lesson about the institution and instructions for how to get a parking pass aren’t likely to inspire new hires. Here are three elements of onboarding programs that go beyond the basics to create a deeper understanding of campus culture and a sense of belonging.

    Orient New Hires to Higher Education

    Learning industry-specific skills and knowledge is essential for employees to thrive in their workplaces. Higher education is no different. New hires must quickly get up to speed on how their departments function within the context of their institution and its mission. This can be overwhelming for anyone, especially someone new to higher education.

    To address this learning curve, CUPA-HR created Understanding Higher Ed Course 1 — An Overview of Higher Education for All Employees. The course is designed to help all higher ed employees understand different types of institutions, terminology, cultural hallmarks of the higher ed work environment, the basics of higher ed funding, and key soft skills that support success in the workplace.

    Create a Sense of Belonging

    A crucial aspect of the workplace that can’t be captured in a new-hire orientation video is the sense of belonging employees experience. And if staff members work remotely, opportunities to connect with coworkers and build community may be even more difficult to achieve.

    To overcome these challenges, the University of Florida’s Academic and Professional Assembly (APA), led by several HR employees, reconsidered their approach to onboarding. Through their Warm Welcome experience they helped create a campus culture that fosters a sense of belonging for new staff. The APA helps spark campus connections by hosting welcome events and small groups where new hires can interact with high-level leaders. During these events, leaders share personal stories and insights about leadership, diversity and inclusion and the value that staff bring in the pursuit of the university’s many goals. This storytelling approach draws out leaders’ personalities, camaraderie, sense of humor and transparency, and allows staff to see the “human” aspect of a large institution. Read more about UF’s Warm Welcome experience to learn how to design a warm welcome experience for your staff.

    Partner With Other Departments

    Onboarding shouldn’t fall solely on HR’s shoulders. Support from many areas of the institution is critical for a successful onboarding program. Additionally, shared responsibility for onboarding can positively affect organizational culture, departmental buy-in and employee retention. Presenters from the University of Colorado Boulder shared their strategic partner model in a 2019 CUPA-HR on-demand webinar “Onboarding: A Strategic Partner Model for Bringing About Cultural Change.” Watch the webinar recording to learn more about UC Boulder’s model to increase employee engagement, retention and productivity while keeping the focus on institutional goals.

    There are many reasons employees are drawn to work at an institution, and a successful onboarding program shows them why they should stay.



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  • CUPA-HR Submits Comments in Response to Title IX NPRM – CUPA-HR

    CUPA-HR Submits Comments in Response to Title IX NPRM – CUPA-HR

    by CUPA-HR | September 13, 2022

    On September 12, CUPA-HR submitted comments in response to the Department of Education (DOE)’s Notice of Proposed Rulemaking (NPRM) to amend Title IX. The NPRM seeks to rollback and replace the Trump administration’s 2020 Title IX rule, specifically with respect to its grievance procedures, and establish expanded protections against sex-based discrimination to cover sexual orientation, gender identity and pregnancy or related conditions.

    CUPA-HR filed comments to bring attention to the possible impact the proposed regulations could have on how higher education institutions address employment discrimination. In our comments, we highlight the two sets of grievance procedures promulgated by the proposal: procedures used for cases involving employee-on-employee sex-based harassment (section 106.45) and procedures used for sex-based harassment involving an employee and student, regardless of whether the employee involved is the complainant or respondent (section 106.46). Our comments argue that such procedures in cases where the employee is a respondent may be unnecessarily prescriptive and will interfere with existing obligations, policies and procedures already utilized by institutions that are required to handle such incidents of sex-based employment discrimination under Title VII of the Civil Rights Act of 1964 (Title VII) and state and local employment laws.

    In light of our concerns, our comments ask the DOE to exempt any sex-based harassment of employee respondents against a student complainant from the section 106.46 requirements, and to exempt all sex-based harassment claims where an employee is the respondent, regardless of whether the complainant is a student or an employee, from the section 106.45 requirements. These comments directly align with the concerns and requests written in the American Council on Education’s comments, which CUPA-HR also signed on to.

    Finally, our comments suggest that the DOE consult with other federal agencies with jurisdiction over discrimination law, including the Equal Employment Opportunity Commission to rationalize the requirements instituted by the Title IX regulations and Title VII, and to issue joint guidance on how to minimize potential conflicts between the obligations to claimants under Title VII and respondents under Title IX.

    The DOE received over 200,000 comments in response to the NPRM, which they must now review prior to issuing a final rule to implement their changes. It is therefore unclear when we can expect the final rule and effective date of the new regulations. CUPA-HR will keep members apprised of any updates on the Title IX regulations.



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  • 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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  • Suicide Prevention and Awareness: Four Ways HR Can Lead the Conversation – CUPA-HR

    Suicide Prevention and Awareness: Four Ways HR Can Lead the Conversation – CUPA-HR

    by CUPA-HR | August 31, 2022

    This blog post was contributed by Maureen De Armond, Executive Director, Human Resources at Drake University.

    In higher education, we must plan for many worst-case scenarios, including tornados, fires, active-shooter situations, and, as we now know, pandemics. Among this wide range of difficult scenarios that could present themselves on our campuses at any time, suicide is one that deserves more attention and discussion.

    Like other scenarios, suicide prevention and planning should contain at least these components: awareness and prevention at the front end; crisis-response protocols to deploy in the moment; and post-incident support and debriefing.

    Here are four ways HR can take the lead on awareness and prevention efforts:

    Normalize Mental Health Conversations

    HR can set the example in normalizing conversations about mental health. From new employee orientation to leadership trainings to trainings offered during open enrollment, make mental health as normal a topic to discuss as being sick with the flu or needing rehab due to an injured back. We know that mental health carries a stigma; openly discussing mental health helps chip away at that stigma.

    Coordinate Messaging

    Tailor communications to your institution’s practices and use more than one channel for communication. If your institution sends newsletters, plan articles for each week of September. Consider emails as well. Be sure to provide your leadership teams with prepared messages and information they can share with their teams. Point them to helplines, training opportunities, reminders about EAPs, and tips for what to do and where to go if they or someone they know is having mental health crisis.

    Collaborative messaging sent from campus and community partners can also create a widespread impact. Consider reaching out to student services, the provost’s office, Title IX/Equal Opportunity, campus safety, student senate, faculty senate, student counseling, faculty subject matter experts, and your institution’s employee assistance program (EAP) providers and health plan partners to team up on mental health messaging throughout the month.

    Train, Train, Train

    Offer learning and development opportunities that focus on mental health awareness as well as suicide prevention. This fall semester, Drake University is offering Question, Persuade and Refer suicide prevention training in addition to Mental Health First Aid for Higher Education for faculty and staff. Faculty partners are facilitating these sessions. We’ve found that having faculty-led sessions can help attract faculty attendees, leverage internal expertise and offer faculty additional forms of service to the institution.

    Inventory Resources, Benefits and Policies

    Take a fresh look at your well-being/wellness programming. Does it appropriately address mental health? Explore what resources and trainings may be available through your existing EAP contracts. Does your health plan offer virtual doctor’s visits for mental health care? If so, shine a spotlight on those resources. Making mental health care as accessible as possible may mean more people will consider using it. Review sick, personal and other paid-time-off leave policies to ensure mental health is clearly addressed. This includes handbook and web language, too.

    While suicide awareness and prevention shouldn’t be a once-a-year conversation, September is a great month for HR to demonstrate leadership in normalizing conversations about mental health and suicide prevention and planning.

    Related resources:

    Reassessing Your Institution’s EAP: Steps for HR Pros to Increase Awareness and Accessibility (The Higher Ed Workplace Blog)

    HEERF Funds Can Be Used to Support Mental Health Resources (The Higher Ed Workplace Blog)

    Mental Health Month Focus: Higher Ed Campus Culture (The Higher Ed Workplace Blog)



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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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