Tag: CUPAHR

  • Adapting for Survival | CUPA-HR

    Adapting for Survival | CUPA-HR

    by CUPA-HR | April 14, 2025

    Editor’s Note: This is the first of a three-part series by Maureen De Armond, chief human resources officer at Des Moines University Medicine and Health Sciences, on adapting during changing times. The series continues in Adapting With Purpose and Adapting With Heart.  

    You have to change with the times.

    Roll with the punches.

    Go with the flow.

    This is just the new normal.

    These are not uncommon sentiments during times of change. They’re even reasonable bits of advice and encouragement. However, for many in higher education today, these words may feel inadequate.

    For many years, higher ed has been under pressure to adapt rapidly to change. From the COVID-19 pandemic to declining enrollment, technological advancements, and political and compliance demands, the pace of change seems unrelenting.

    How do we “adapt” when external pressures challenge our accustomed practices? How do we respond to the demands on our profession across the higher education landscape? How do we navigate the need to adjust without feeling like we’re compromising or settling? Where do we go from here?

    Adapt for Survival

    In 2022, as the worst of the pandemic seemed to pass, I wrote a piece about adaptability and referenced the Stockdale Paradox, as shared in Jim Collins’ management book “Good to Great.” Let us briefly return to that story to assess what additional insights it may provide during this new chapter of change.

    Admiral James Stockdale served in the military and was a prisoner of war in Vietnam for seven and a half years. During this time, he observed that there was a certain kind of soldier that did not tend to survive the ordeal. These were the soldiers who tried to muster up the strength to just make it to Thanksgiving, as, surely, they would be rescued by then. Thanksgiving would come and go, and they remained imprisoned. Then, they would convince themselves if they could just make it to the end of the year, surely they would be rescued by then. December would come and go, and they remained imprisoned.

    Admiral Stockdale referred to these soldiers as the optimists. Eventually, the optimists gave up.

    Admiral Stockdale, even if he did not use the terminology, recognized that resilience (a burst of energy or strength to help a person through a temporary crisis) was not the right tool for their predicament. Instead, to make it through captivity — with no end in sight and no idea what the next day may bring — what one needed to do was adapt.

    Make no mistake about it, Admiral Stockdale did not adapt with a smile on his face. He did not do it to settle, to compromise or to get used to being a POW. He did it with a mission in his heart — to endure. He adapted for survival. And he adapted not just for his own survival but also the survival of as many of his fellow soldiers as possible — men who looked to him for strength and guidance even while he, too, was powerless and wrought with despair.

    Admittedly, comparing higher education HR professionals to prisoners of war is a clear stretch. But the analogy reveals powerful insights into what tools may be most suitable to help us navigate these uncertain times. We should resist a mindset of trying to just make it through the summer term, through the fall semester, or to the end of the academic year. Wishing away time is a futile practice and with no guaranteed results.

    We should equally resist the temptation to pin our hopes on a miraculous rescue team to come and save the day. That is also wishful thinking.

    But we shouldn’t give up. Admiral Stockdale shared that he never lost hope — not even during the darkest days of captivity.

    Consider channeling the bigger picture, the one Admiral Stockdale never lost sight of: Survival is paramount. To survive, one must adapt. We have no way of knowing what lies ahead. We may feel powerless some days, like that poor animal in the experiment who gets shocked no matter what it touches. Other days, we may feel like we are busying ourselves with the deck chairs on the Titanic. But even in these moments, we cannot shut down.

    People count on us. They trust us to do our jobs to the best of our abilities. Our efforts matter and we still have work to do.

    Be the Helpers

    There is a Fred Rogers quote from his “Mister Rogers’ Neighborhood” days that resurfaces from time to time: “When I was a boy and I would see scary things in the news, my mother would say to me, ‘Look for the helpers. You will always find people who are helping.’”

    This is a reassuring view of humankind. No matter how dark or how frightening the world is, there will always be people wanting to help. But it is important to remember that Mister Rogers was talking to children when he shared this observation, not adults.

    When scary things happen, we are not supposed to just sit there and hope someone else comes around to help. Mister Rogers was talking about us. We are supposed to be the helpers.

    The good news is that the human resources field attracts helpers. The most dedicated among us are those who love to serve others. Whether we specialize in benefits, talent acquisition, training, leadership development, or any other facet of HR, we are drawn to this profession because we want our work to matter and because we enjoy helping people.

    Right now, there is a need for helpers — and we are the helpers.

    Related CUPA-HR Resources

    Resilience in the Workplace — This CUPA-HR webinar, recorded in 2021, was designed to serve as resilience training for attendees, as well as a model that could easily be replicated at your institution for HR teams and other employees.

    Why Psychological Safety Matters Now More Than Ever — This article offers practical advice for increasing psychological safety, specifically for the higher ed workplace.

    The Great Pivot from Resilience to Adaptability — This article explains how to move from resilience to adaptability and, ultimately, growth in challenging times for higher education.



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  • CUPA-HR Joins Higher Education Letter Seeking Additional Information on International Students

    CUPA-HR Joins Higher Education Letter Seeking Additional Information on International Students

    by CUPA-HR | April 8, 2025

    On April 4, CUPA-HR joined the American Council on Education and 14 other higher education associations on a letter to Department of State (DoS) Secretary Marco Rubio and Department of Homeland Security (DHS) Secretary Kristi Noem seeking additional information on the agencies’ policy and planned actions for international students and scholars.

    The letter states that additional clarity is sought after reports that student visas are being revoked without additional information being shared with institutions where those students attend. According to the letter, such reports include messages to international students about their visas being revoked and requesting that they self-deport without providing additional information about the process to appeal such decisions. The letter argues that these actions hinder institutions’ ability to best advise their international students and scholars on what is happening.

    In order to provide more clarity to institutions, the higher education associations request that DoS and DHS schedule a briefing with the impacted community to better understand the actions being taken by the agencies. The briefings could provide the opportunity to understand the administration’s actions in this space and to allow the higher education community to better understand how they can best help address issues of national security.

    CUPA-HR will share any updates from these agencies related to the international student and scholar news and requests set forth in this letter.



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  • CUPA-HR Joins Amicus Brief in Case Regarding NCAA Eligibility Rules

    CUPA-HR Joins Amicus Brief in Case Regarding NCAA Eligibility Rules

    by CUPA-HR | April 8, 2025

    On March 28, CUPA-HR joined the American Council on Education and other higher education associations in filing an amicus brief in Pavia v. NCAA, which challenges the association’s eligibility rules with respect to the five-year time limits for student-athletes. The brief was filed with the United States Court of Appeals for the 6th Circuit.

    Background

    Pavia filed the lawsuit against the NCAA in November 2024, claiming that the NCAA’s ability to limit eligibility for previous junior college transfers by counting their competition years in junior college towards the number of years they are eligible to compete in NCAA sports restrains labor market forces and thus violates antitrust laws. A federal district court judge agreed on the merits of Pavia’s arguments and issued a preliminary injunction blocking the NCAA from enforcing its eligibility rules and allowing Pavia only to play an additional season. The judge argued that the ability for student-athletes to earn money through name, image and likeness (NIL) deals thus makes the NCAA’s eligibility rules “commercial,” meaning the rules themselves would not survive antitrust scrutiny. The NCAA appealed this ruling to the 6th Circuit Court of Appeals, where the case awaits further litigation.

    Amicus Brief

    The brief, filed by ACE, CUPA-HR, and five other higher education associations, argues that all eligibility rules set by the NCAA, including the five-year time limitations challenged in this case, aim to ensure “the primacy of the educational context for the student-athlete experience.” The brief argues that the preliminary injunction placed by the district court threatens to “shift the formulation and enforcement of the NCAA’s eligibility rules from educators and athletics administrators to federal courts” as any student-athlete disqualified by an eligibility rule could request a court to file an injunction and argue that the eligibility rule restricts their ability to pursue NIL deals. This would ultimately result in a patchwork of waivers granted by judges nationwide, undermining the national system of enforcement already in place through athletic associations like the NCAA and cementing federal judges as the unofficial court of appeals for the NCAA.

    CUPA-HR will continue to monitor for updates related to this court case.



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  • Great CUPA-HR Reads From 2024

    Great CUPA-HR Reads From 2024

    by Julie Burrell | January 8, 2025

    In a year marked by rapid technological advancement and evolving demands on higher ed, CUPA-HR members prioritized the human in HR. Our most-read articles of 2024 reflect this, with a focus on employee retention, the responsible use of artificial intelligence, and data-informed approaches to fostering an equitable and effective talent pipeline.

    Here we’ve listed the CUPA-HR articles, resources and research that resonated most with our readers in 2024.

    Ethical AI

    Last year, the use of AI became widespread on college and university campuses, transforming how HR performs many of its core functions. Higher Ed HR in the Age of Artificial Intelligence: A Human-Centered Approach introduces best practices, suggests common-sense guardrails for security, and shares advice from HR pros on how to use AI to maximize efficiency while prioritizing the human element.

    For practical advice on using AI to create training scripts, learn how Colorado Community College System’s Jennifer Parker used ChatGPT to create a civility training program.

    Data-Driven Decisions

    From Zero to Dashboard – Getting Your Metrics Game Up to Speed shows the continued importance of metrics in creating effective partnerships with campus constituents. In this article, the HR team at the University of Tennessee, Knoxville details their process of creating a data dashboard — without spending tens of thousands of dollars on a consultant. They’re now able to quickly and easily share insights on turnover, retirement eligibility, employee demographics, and more with campus partners, who use the information to inform strategic decisions.

    Readers also expressed an interest in data about specific segments of the higher ed workforce. The Higher Education Financial Aid Workforce report — one of the most-read CUPA-HR research reports of 2024 — finds that more than half of financial aid employees are at least somewhat likely to look for other employment soon and offers recommendations for retaining these key employees. Also popular was The Higher Ed Professional Workforce report, which tracks broad trends from 2016-2024. While women and people of color have made strides during that time, most women are still paid less than White men, which can be improved by devoting resources to pay equity and succession planning.

    Interested in learning more about how to make the most of data? CUPA-HR’s Data and HR webinar series offers insights designed to help you find and convey data to inform your institution’s workforce and policy planning.

    Employee Retention

    The CUPA-HR 2023 Higher Education Employee Retention Survey remains a critical resource for understanding why employees stay and why they leave. Even as turnover started to trend downward last year, higher ed still faces the challenge of filling positions and maintaining morale, while employees seek jobs where their satisfaction and well-being are prioritized.

    This spring, we will launch the 2025 Employee Retention Survey to help institutions understand retention trends. Learn how to participate.

    Higher Ed as an Employer of Choice

    Investing in People: How to Create a Coaching Culture on Your Campus builds on the insights of the Employee Retention Survey, which shows that 44% of higher ed employees are not satisfied with opportunities for advancement at their institutions and 34% are not satisfied with support for career development. This article explores how three institutions — the University of Tennessee, Knoxville; Vanderbilt University; and the University of California, Berkeley — created opportunities for coaching and career development, which is associated with increased employee engagement, job satisfaction, retention, and overall organizational performance.

    Another reader favorite from last year struck a similar theme. In Employee Engagement: Six Strategies to Help You Keep Your Talent, HR leaders at Worcester Polytechnic Institute share their six-point employee engagement strategy, which includes an honest focus on inclusion and a commitment to employee well-being.

    A Foundation for a Strong Leadership Pipeline

    The article What Does a Leader Look Like? Debunking Myths About Women in Leadership Roles highlights a concerning trend in the higher ed workplace: women are not being promoted at the same rate as men. For example, data show that fewer than half (46%) of senior administrative officers are women, and only one-third (33%) of presidents are women. At the root of this disparity are long-standing myths about the promotion process, as well as biases about what a leader looks or acts like. Jackie Bichsel, CUPA-HR’s associate vice president of research, dispels these myths and offers suggestions for how to combat them. Check out our summary on LinkedIn, too.

    For more data on pay equity and composition of the workforce, see CUPA-HR data on administrators, faculty, professionals and staff.



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  • Building a Connected Workplace: HR’s Role in Reducing Loneliness – CUPA-HR

    Building a Connected Workplace: HR’s Role in Reducing Loneliness – CUPA-HR

    by Julie Burrell | August 28, 2024

    Editor’s Note: This is the second of two posts that explore the loneliness epidemic and practical ways HR can help combat it in the workplace.

    Social bonds are as necessary to our well-being as a healthy diet, exercise and sleep, according to the Surgeon General’s 2023 report on the loneliness epidemic. The report recommends that workplaces make decreasing loneliness a strategic priority at all levels. Here is how higher ed HR can help prioritize social connection as a vital tool in supporting employee happiness and well-being.

    Increase Inclusion to Fight Loneliness

    Groups most at-risk for social isolation include “people with poor physical or mental health, disabilities, financial insecurity, those who live alone, single parents, as well as younger and older populations,” according to the report. Additionally, marginalized groups like the LGBTQ+ community may feel increased isolation.

    Your inclusion and belonging initiatives might be the natural place to begin strengthening social connection on campus. Foreground accessibility in these initiatives by asking:

    • Is social programming accessible for people with disabilities and people with mental health challenges?
    • Is your programming inclusive of people who are neurodivergent?
    • Are working parents, caregivers and remote employees unable to participate in on-site or off-hours socialization?
    • Is cost a prohibitive factor for socializing?
    • Are Employee Resource Groups or affinity groups supported in terms of budget and time within the workday?

    Making Connections

    Intergenerational Connections. Research suggests that making connections outside of our own age or social group may reduce the risks associated with loneliness. One inclusion strategy is to help bridge generational gaps by bringing younger and older people together, which also targets two of the most at-risk populations.

    Volunteering with community groups that serve young and older people can also be effective in helping employees forge intergenerational connections (bonus: volunteering enhances employee satisfaction and engagement).

    Campus and Community. Connecting with people of different social statuses has also been shown to improve well-being. How are leaders connecting with employees across campus in low-stakes ways?

    Also consider how partnerships with your leadership, health centers, research faculty and student groups can make the dangers of loneliness a campus-wide concern.

    How is your campus connecting with and enriching the larger community? According to the Surgeon General’s report, upward mobility is improved through relationship-building among people of differing socioeconomic status. (Register for our upcoming webinar to learn more about Duquesne University’s Minority Professional Development Internship Program, which was awarded CUPA-HR’s 2024 Inclusion Cultivates Excellence Award.)

    Hybrid and Remote Employees

    According to Gallup, fully remote employees report a higher level of loneliness (25%) than fully on-site employees (16%). At the same time, hybrid, remote and flexible work is an important strategy to retain top talent. And flexible work can be a boon to people with disabilities and neurodivergent employees.

    This means that special considerations should be made for those workers who may not be on site every day.

    Encourage online connections. Water cooler conversations are more difficult virtually. Consider establishing a rotating committee who can schedule casual chats online. Your internal communication tools, such as Teams and Slack, should have social spaces as well.

    Model setting boundaries between work and home. Hybrid and remote opportunities are important in maintaining work-life balance, but remote employees may feel like they’re always “on.” The Surgeon General’s report recommends that workplaces “put in place policies that protect workers’ ability to nurture their relationships outside work.”

    Beware of treating employees inconsistently. It’s important that managers find ways to boost face time with their remote or hybrid employees. For those employees who must be on site, provide what flexibility you can, such as summer Fridays off. Learn more about success in managing hybrid teams in Roadblocks to Supervision: Clearing a Path for Peer-to-Supervisors, New Supervisors and Hybrid Team Supervisors.

    Starting With HR

    Let’s face it: HR can sometimes feel like a lonely place. Whether you’re a CHRO, a department of one, or a member of a team navigating the increased scrutiny of a role in HR, you might feel like few people understand your own daily challenges beyond the CUPA-HR community. HR is so often tasked with helping others, but HR pros need support too.

    Raising awareness about the basic need for social connection might help you and your team reframe social connections at work from a luxury to a basic tool for retention and employee happiness. Socializing replenishes our emotional stores and our physical resilience. Leaders can model setting healthy boundaries at work and convey that self-care is not selfish, but rather a critical tool in the HR toolbelt. (Learn how to use “no” as a complete sentence in this on-demand webinar.)



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  • Making Sense of the Loneliness Epidemic – CUPA-HR

    Making Sense of the Loneliness Epidemic – CUPA-HR

    by Julie Burrell | August 21, 2024

    Editor’s Note: This is the first of two posts that will explore the loneliness epidemic and practical ways HR can help combat it in the workplace.

    Loneliness can be as bad for you as smoking 15 cigarettes a day, according to a Surgeon General’s report from last year.

    The report identifies loneliness as a national epidemic experienced by about one in two adults. Loneliness is “associated with a greater risk of cardiovascular disease, dementia, stroke, depression, anxiety, and premature death.” That means human connection is as necessary for your long-term survival as food and water.

    Feeling isolated can also decrease general well-being. People who say they’re lonely are more likely to experience sadness, worry, stress, anger and physical pain, according to a recent Gallup poll. Their research shows that over one in five people globally feel lonely “a lot.”

    When Loneliness Is Worrisome

    Of course, we have all felt lonely sometimes, when changing jobs, getting a divorce, moving to a new city, or recovering from an illness. But when does a temporary feeling of loneliness become chronic?

    Chronic loneliness occurs when the feeling of isolation goes on for a long time and the inability to connect to other people is constant or prolonged. Chronic loneliness can occur even among very social people — you can still feel lonely in a crowd — and is often connected to self-doubt or low self-esteem.

    Taking Away the Stigma 

    Feeling lonely can come with a sense of shame. However, it’s important to understand that loneliness isn’t about who you are, but about a lack of deep social connection driven by factors in our sociocultural environment.

    Even though loneliness has been on rise since before COVID-19, the pandemic and recent political divisiveness have contributed to the epidemic. Social media is likely exacerbating the problem. People who report more than two hours of social media use a day are twice as likely to report feelings of isolation (versus people who use social media less than a half hour).

    The good news is that loneliness can be addressed in part by deliberately strengthening engagement in our workplaces, communities and other social networks.

    While workplace changes alone won’t combat political and social divisions, it’s still a key starting point for helping to decrease loneliness — especially considering how much time we spend at work. When implementing programs targeted at the loneliness epidemic, it can be best to frame your efforts as a positive: increasing social connection.

    One Small First Step

    Efforts to boost connection may help increase employees’ job satisfaction. The Surgeon General’s report stresses that “supportive and inclusive relationships at work are associated with employee job satisfaction, creativity, competence, and better job performance.” Connection at work prevents stress and burnout and can even be linked to fewer missed days of work after injury or illness.

    In the next post in this two-part series, we’ll focus on concrete steps that higher ed HR can take to combat loneliness at work, including for hybrid and remote employees.

    But you can take a meaningful first step by making a small personal change, such as tracking how much time you spend on social media, practicing short mindfulness sessions, or scheduling one phone-free lunch per month with a work friend. Even a positive interaction with a colleague you don’t know well, a barista or cashier, or someone in line with you at the coffee shop can have lasting mental health benefits by expanding your “relational diversity” — the variety of relationship categories you have daily.



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  • Supreme Court Rejects Biden Administration’s Request for Relief in Title IX Legal Challenges – CUPA-HR

    Supreme Court Rejects Biden Administration’s Request for Relief in Title IX Legal Challenges – CUPA-HR

    by CUPA-HR | August 19, 2024

    On August 16, the U.S. Supreme Court ruled against the Biden administration’s request to partially overturn preliminary injunctions from lower courts that block the Department of Education from enforcing the administration’s April 2024 Title IX final rule. The decision leaves the preliminary injunctions from the lower district courts in place, preventing the new Title IX rule from taking effect in 26 states and hundreds of schools in other states.

    Background

    Shortly after the Biden administration’s Title IX final rule was published, over two dozen states and advocacy groups filed lawsuits challenging the rule. Over the course of the summer, decisions from lower district courts across the country placed preliminary injunctions on the final rule, leading to the blocking of the final rule in 26 states, as well as at hundreds of schools where members of the Young America’s Foundation, Female Athletes United and Moms for Liberty are in attendance.*

    After several preliminary injunctions were issued, the Biden administration appealed to the Supreme Court with an emergency request asking the court to limit the scope of the preliminary injunctions placed by the lower courts. Specifically, the Biden administration asked the Supreme Court to limit the scope of the preliminary injunctions to only block provisions of the Title IX final rule related to gender identity, arguing that the lower courts’ decisions to grant the preliminary injunctions were based on concerns with the expanded protections for transgender students. The Biden administration had hoped that by limiting the scope of the preliminary injunctions, other provisions like the new grievance procedures and training requirements would be able to take effect on August 1.

    Supreme Court’s Decision

    In a 5-4 decision, the Supreme Court rejected the Biden administration’s plea to limit the scope of the preliminary injunctions, leaving in place the lower courts’ rulings. The majority opinion stated that the Biden administration did not provide a strong enough argument to sway the Supreme Court to overturn the lower courts’ decisions, and they argued that the gender identity provisions the Biden administration had hoped to limit the scope of the preliminary injunctions to were “intertwined with and affect other provisions of the rule.”

    Looking Ahead

    With the Supreme Court’s decision, the preliminary injunctions from the lower courts are still in place. Further decisions from the district courts on the legality of the final rule are still pending. The Title IX rule could return to the Supreme Court in the future, however, depending on how lower courts rule on the legality of the final rule and whether those decisions are appealed.

    CUPA-HR will keep members apprised of any updates on the legal challenges against the Biden administration’s Title IX rule.


    *The 26 states where the rule is blocked from being enforced by the Department of Education are Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming. The final rule is also blocked from taking effect at hundreds of colleges and universities across the country, including in states that did not challenge the Title IX final rule. A list of those schools can be found here.



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  • HR and the Courts — August 2024 – CUPA-HR

    HR and the Courts — August 2024 – CUPA-HR

    by CUPA-HR | August 14, 2024

    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.

    Student-Athletes and NCAA Propose a $2.8 Billion Settlement in Antitrust and Name, Image and Likeness Case

    Attorneys representing student-athletes have filed for court approval of a $2.8 billion settlement reached with the NCAA and the Power Five conferences. Bloomberg reports that the student-athletes were pursuing a $4.5 billion claim.

    Under the proposed settlement, a men’s football or basketball player would receive roughly $135,000 and a female basketball player would receive roughly $35,000. Athletes in other Division I sports, including football and basketball players in non-Power Five conferences, would also recover under the proposed settlement, although the terms of that recovery are not yet clear.

    Also under the proposed settlement, Division I schools will be able to provide student-athletes with direct payment up to a cap of 22% of the Power Five schools’ average athletic revenue per year. The payment pool will be more than $20 million per school in the 2025-26 academic year and will grow from there. The Power Five includes the Big Ten, Big 12, Atlantic Coast Conference, Southeastern Conference and Pac-12. (The Pac-12 lost its autonomy status for 2024-25 after 10 of 12 of its members departed for other conferences.) The proposed settlement was filed in the U.S. District Court for the Northern District of California (In Re College Athlete NIL Litigation (N.D. Cal., 4:20-cv-03919, 7/26/24)).

    It is reported that the multibillion-dollar settlement would be paid out over 10 years. A preliminary approval hearing will take place in September to be followed by a comment period from class members. If approval is reached it will spare the NCAA and the Power Five from a trial scheduled to take place in January, 2025.

    Employee Status of Student-Athletes Under the FLSA Still Undecided as Court Rejects NCAA’s Appeal

    The 3rd U.S. Circuit Court of Appeals (covering Delaware, New Jersey, Pennsylvania and the Virgin Islands) rejected the appeal of the NCAA contesting the trial court decision that college athletes are entitled to a trial to decide whether they are employees under the FLSA.

    The appeals court remanded the case back to the trial judge for more analysis on the applicable standard to be used in determining whether a student-athlete is an employee. The decision allows the college athletes to continue to pursue their claims, which allege that the NCAA and colleges are joint employers (Johnson V. NCAA (3rd Cir. No. 22-01223, 7/11/24)).

    The decision contrasts with the former holdings of the 7th U.S. Circuit Court of Appeals and the 9th Circuit, which rejected claims that student-athletes were employees. In remanding the case back for further analysis, the 3rd Circuit left room for the court to hold that some college athletes maintain their amateur, non-employee status while others are employees subject to the minimum wage requirements of the FLSA.

    The decision also rejected the term “student-athlete,” commenting that the term is an “NCAA marketing invention” designed to “conjure up the nobility of amateurism,” assert “the precedence of scholarship over athletics,” and “obfuscate the nature of the legal relationship at the heart of a growing commercial enterprise.” The decision stated that college athletes “cannot be barred as a matter of law from asserting FLSA claims simply by virtue of the revered tradition of amateurism.” Finally, the court remanded the case to the trial judge to use common-law factors, such as level of control and presence of payments, to determine the employee status of college athletes.

    Unionization Petitions Filed With NLRB Increase by 30% in 2024 — Decertification Petitions Increase by 12%

    Petitions filed with the National Labor Relations Board (NLRB) to both certify and decertify union representation are up dramatically so far this year.

    The increase in certification petitions is partially attributed to the NLRB’s decision in the Cemex decision. That decision requires employers, in response to a certification petition, to either voluntarily recognize the union or file an RM, which is used by employers to dispute that the union has majority status. The increase in activity also comes after the NLRB altered its administrative procedures to shorten the time between petition filing and the election.

    The NLRB also reports that its regional offices have conducted more representation elections so far in 2024 than in the entire 2023 fiscal year. Finally, the NLRB reports that unions have won 79% of union-filed petitions and 70% of employer-filed petitions.

    EEOC Signals Second Attempt to Require Employers to Report Pay Data by Race, Sex and Job Category

    The Equal Employment Opportunity Commission has indicated in its July regulatory playbook that it intends to make another attempt to require that employers annually report pay data by race, sex and job category. Its first attempt to do so was canceled by court intervention in 2016 during the Obama administration.

    The EEOC indicated it will use the Administrative Procedure Act (APA) as opposed to the Paperwork Reduction Act (PRA) to issue the new regulations. Under the APA, advance notice, including a comment period, is required. Also under the APA, an individual or organization has the private right of action to block the regulation.

    The recent Supreme Court decision in the Chevron case may make such APA challenges easier to manage for employers and employer organizations seeking to challenge the new attempt to collect pay data. In the Chevron case, the Supreme Court abandoned the rule of the presumption of legitimacy of federal agency decisions.

    Court Concludes NLRB Failed to Explain Why It Rejected Employer Objections in Union Election  

    The U.S. Court of Appeals for the District of Columbia Circuit concluded that the NLRB failed to coherently explain its rejection of employer election objections when the NLRB certified a union in a one-vote victory in a mail ballot election.

    The D.C. Circuit court concluded that the NLRB used different legal tests without explanation when it rejected an employer’s objections to the mail ballot election (GHG Mgmt LLC V. NLRB (DC Cir. No, 22-01312, 7/9/24)).

    The court ruled in a unanimous, three-judge decision that the NLRB failed to adequately explain its rejection of employer objections and remanded the case back to the NLRB for determination over which test it used to reject the employer’s objections. The court stated it can only rule on whether the NLRB’s decision was correct if it knows which test the NLRB used in coming to its decision. This case is another criticism of the NLRB’s handling of mail-in ballot elections used during and after the COVID-19 pandemic.

    Federal Judge Temporarily Rejects Texas AG’s Attempt to Block EEOC Guidance on LGBTQ+ Employees

    A federal district trial judge has temporarily rejected the Texas attorney general’s attempt to block current EEOC guidance that covers LGBTQ+ employees. The guidance protects employees’ right to choose pronouns and bathrooms consistent with their gender identity.

    The federal judge dismissed the case, holding that the Texas attorney general must file a new case and not rely on the past decision in which the federal judge vacated similar EEOC regulations protecting LGBTQ+ employees (State of Texas V. EEOC (N.D. Tex. No. 2-21-cv-00194, 7/17/24)).

    The judge ruled that his prior decision in favor of the Texas attorney general vacating prior EEOC LGBTQ+ regulations can be used as a predicate for a new case. Nonetheless, the Texas attorney general must file a new case seeking new injunctive relief. The federal judge explained that his prior decision addressed the EEOC’s 2021 guidance alone and a new case must be filed to adjudicate the issues involved in the new EEOC guidance.



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  • NLRB Issues Memo Outlining Higher Ed Institutions’ Disclosure Obligations under NLRA and FERPA – CUPA-HR

    NLRB Issues Memo Outlining Higher Ed Institutions’ Disclosure Obligations under NLRA and FERPA – CUPA-HR

    by CUPA-HR | August 7, 2024

    On August 6, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued a memo, “Clarifying Universities’ and Colleges’ Disclosure Obligations under the National Labor Relations Act and the Family Educational Rights and Privacy Act.” The memo was issued to all NLRB regional offices and is meant to provide guidance to institutions of higher education clarifying their obligations “in cases involving the duty to furnish information where both statutes may be implicated.”

    The memorandum outlines how institutions can comply with requests by unions representing their student workers for information that may be covered under FERPA, the federal law that protects students’ privacy in relation to their education records and applies to institutions that receive federal education funds. Under the NLRA, employers are required to provide certain information to unions that may be relevant to their representational and collective bargaining obligations, but this requirement can come into conflict with institutions’ obligations under FERPA.

    In situations where the employer believes certain records requested by the union may be confidential and covered under FERPA, the memo outlines the steps institutions must take to comply with their disclosure obligations.

    1. “The institution must determine whether the request seeks education records or personally identifiable information contained therein.”

    Institutions must be prepared to “explain why and substantiate with documentary evidence, if available, that the student-employee is employed as a result of their status as a student to the union,” as opposed to a traditional employee whose records are not protected by FERPA. The memo specifies that, if the union’s request includes some documents not covered by FERPA, the employer must provide those documents to the union “without delay, even if FERPA applies to other parts of the request.”

    1. “If a request seeks information protected by FERPA, the institution must offer a reasonable accommodation in a timely manner and bargain in good faith with the union toward a resolution of the matter.”

    The memo puts the burden to offer an alternative on the employer. The employer cannot “simply refuse to furnish the requested information,” but it must offer a “reasonable accommodation and bargain in good faith toward an agreement that addresses both parties’ interests.”

    1. “If the parties reach an agreement over an accommodation, the institution must abide by that agreement and furnish the records.”

    If an agreement is not reached, the memo specifies that the union can file an unfair labor practice charge against the institution. The memo then gives the NLRB the authority to find an appropriate accommodation “in light of the parties’ bargaining proposals.”

    Abruzzo also provided a “FERPA consent template” that she advocates institutions provide to student-employees during the onboarding process. The template, if signed by the student employee, “would permit an institution covered by FERPA to disclose to a union, consistent with FERPA, any employment-related records of a student that are relevant and reasonably necessary for each stage of the representation process.” Abruzzo argues the template would help “reduce delay and obviate the need to seek students’ consent at the time a union seeks to represent employees or submits an information request to carry out its representative functions.”

    CUPA-HR will keep members apprised of updates following this guidance and other updates from the NLRB.



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  • Neurodiversity at Work: Focus on ADHD in Women – CUPA-HR

    Neurodiversity at Work: Focus on ADHD in Women – CUPA-HR

    by Julie Burrell | August 5, 2024

    A full picture of neurodiversity in the workplace includes understanding how gender shapes employees’ experiences of neurodevelopmental disorders. Although they’re diagnosed at roughly the same rates as men, women with ADHD may be overlooked in conversations about attention-deficit/hyperactivity disorder. Until fairly recently, ADHD was seen as primarily affecting children, with the typical view of someone with the disorder as a restless or hyperactive boy.

    Awareness about how ADHD can manifest differently in women — and how gender stereotypes play a significant role in diagnosis and treatment — can help foster a culture that uplifts neurodiversity and the skills that neurodiverse employees can offer an organization. Employees with ADHD bring unique strengths and perspective to their work, such as creativity, courage and hyperfocus.

    Here’s what HR needs to know about ADHD and how it can be different for women.

    Misconceptions About ADHD

    Rather than a set of behaviors, ADHD is a neurodevelopmental condition affecting about 2% to 5% of adults, and falls under the same broad umbrella as autism spectrum disorder and dyslexia. A stereotypical picture of someone with ADHD is “a boy who can’t sit still and is disruptive in class,” according to Dr. Deepti Anbarasan, a clinical associate professor of psychiatry at New York University.

    Women who receive ADHD diagnoses in adulthood may have struggled with inattention and executive functioning for much of their lives. Because girls and women with ADHD often present as inattentive rather than hyperactive, and because women often develop coping skills that mask ADHD, women often receive late-in-life diagnoses. By the time women reach adulthood, however, the rates of diagnosis are close to those seen in men.

    ADHD in women often presents as challenges with executive functioning, which can include difficulties with attention and focus, as well as emotional dysregulation, trouble with finishing tasks or juggling multiple tasks, and absentmindedness. Women with ADHD might also suffer from anxiety and depression, and even suicide attempts and self-harm. Some people with ADHD compensate by working extra hours during their personal time to keep up with their day-to-day work, causing added stress.

    A Strengths-Based Approach

    Though ADHD can pose real challenges at work, a strengths-based approach highlights the advantages that employees with ADHD bring to their jobs. In a recent study, for example, 50 adults with ADHD identified the positive aspects of living with the condition, including energy and drive, a high degree of creativity, an ability to hyperfocus, and traits such as resilience, curiosity, and empathy. The same study emphasizes that experiencing ADHD as challenging or beneficial depends on the context and sociocultural environment that a person is in.

    HR as a Leader in Neurodiversity

    Given how much context and sociocultural environment matters, creating a campus climate that supports neurodiversity is critical. HR can champion neurodiversity through awareness and well-being programs. Because ADHD often occurs alongside depression and anxiety, a holistic approach to well-being is recommended. (Learn how the University of Texas Health Science Center at San Antonio gained traction with their mental health awareness campaign.)

    HR can also advocate for accommodations to support neurodivergent employees. For example, task separation is a common management strategy to help employees set their work priorities. In emails and written communication this might look like establishing clear parameters, breaking requests down into bulleted lists, and clearly spelling out instructions like “two-minute ask” or “response requested.” (For many more suggestions on how to uplift neurodiversity on campus, including practical tips for accommodations, read Neurodiversity in the Higher Ed Workplace.)

    There’s a business case to be made for a robust attention to neurodiversity: increased retention and productivity, reduced absenteeism, and developing employees’ strengths. Supporting neurodiversity also builds an appealing workplace culture, one that signals to employees that their whole person is valued.

    More Resources on Women With ADHD

    ADHD Is Different for Women, a podcast by the Harvard Business Review

    Duke Center for Girls and Women with ADHD 

    Women and Girls with ADHD from the organization Children and Adults with Attention-Deficit/Hyperactivity Disorder (CHADD)



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