Tag: November

  • Policy and Financial Issues Drove November Cuts

    Policy and Financial Issues Drove November Cuts

    Multiple public and private universities announced job and program cuts, as well as other money-saving measures, last month in response to financial challenges driven by a range of factors.

    Some institutions noted the loss of federal research funding, while others cited declining international enrollment amid the Trump administration’s crackdown on foreign students. Still others pointed to sectorwide challenges, including the worsening public perception of higher education. And some colleges cut low-demand programs to comply with state laws such as Ohio’s Senate Bill 1.

    Here is a look at job and program cuts as well as other moves announced last month.

    University of Central Florida

    The public university cut 65 jobs last month, 57 of them at the affiliated Florida Solar Energy Center, Central Florida Public Media reported.

    The center has been the state’s designated energy research institute since 1975.

    UCF officials told the news outlet in a statement that the university “made the difficult but necessary decision to reduce staffing at the Florida Solar Energy Center to ensure responsible stewardship of university and state resources,” noting that the center was not financially sustainable.

    University officials also cited a decline in external funding, which hampered research activities, as well as “recent shifts in federal funding priorities in energy research, including reductions and cancellations of key programs that historically supported the center’s research activities.”

    In addition to cuts at the Florida Solar Energy Center, UCF also laid off six employees in its technology department and two workers at the UCF Arboretum, The Orlando Sentinel reported.

    Lewis University

    Citing a significant decline in international students, the private university in Illinois is cutting 10 percent of its workforce through a combination of layoffs and buyouts, Shaw Local reported.

    Altogether, 63 people are on the way out.

    The university reportedly laid off 17 staff members and 16 professors and eliminated some vacant roles. Some eligible employees opted into early retirement programs offered by the university.

    Lewis officials told the news outlet that international enrollment has collapsed, dropping from a peak of 1,417 students to just 847 this fall. That decline comes amid a flurry of action at the federal level, where the Trump administration has sought to limit international enrollment and increased scrutiny of foreign college applicants as it takes a hard line on immigration policy over all.

    Calvin University

    The private Christian university in Michigan is shedding jobs and programs as part of a restructuring that will see multiple faculty members laid off over two years, MLive reported.

    Calvin is cutting 12.5 percent of the faculty. While the university did not specify a precise head count, it employed 363 faculty members last fall, 197 of whom were full-time, according to its Common Data Set. Based on those numbers, Calvin appears poised to cut as many as 45 professors.

    University officials declined to provide the exact number of jobs cut to Inside Higher Ed.

    “Most of these departures are voluntary (e.g., retirements, voluntary exit incentive packages, etc.), and many were identified during budget planning that occurred within the academic division last year,” President Greg Elzinga wrote in an email to the campus community last month announcing the changes. “Involuntary departures will amount to approximately 3% of our current full-time faculty workforce, and those impacted have already been notified.”

    Elzinga also told MLive that Calvin’s finances remain strong and it is on track for a balanced budget for the current academic year, despite sectorwide challenges such as diminishing public confidence in higher education and international enrollment declines stemming from federal policy changes. Visa processing delays reportedly cost Calvin 65 international students who were unable to make it to campus.

    Rider University

    The private university in New Jersey announced last month that officials plan to lay off 35 to 40 full-time faculty members, cut salaries by 14 percent and enact other cost-cutting measures as it navigates financial challenges.

    President John R. Loyack wrote in a letter to the campus community that the university was taking steps to address “the financial risks that have grown increasingly serious in recent years and have intensified in severity in recent months.” He noted that the university faces “a significant cash shortfall” due to “new and unforeseen developments” and could run out of money “to meet its payroll and other obligations before the end of the current fiscal year.”

    Rider also plans to indefinitely suspend retirement contributions, increase faculty workloads, end faculty tuition remission benefits and cut some senior administrative roles, among other moves.

    The university was placed on probation by its accreditor, the Middle States Commission on Higher Education, in late October due to compliance concerns related to financial standards.

    Keene State College

    Grappling with a $4 million budget deficit, the public college in New Hampshire is cutting 25 staff positions and offering voluntary separation agreements to faculty, The Keene Sentinel reported.

    Of the 25 staff positions cut last month, eight were reportedly vacant.

    So far, 12 faculty members have accepted buyouts, reportedly in line with the goal of 12 to 15; eight of those professors will exit after the fall semester and four will leave in the spring.

    Roger Williams University

    The private university in Rhode Island is mandating unpaid furloughs for up to half of its full-time workforce in an effort to shrink a projected $3.5 million budget gap, The Boston Globe reported.

    According to the newspaper, layoffs are not currently being considered.

    A university statement described the mandatory, unpaid one-week furloughs as a “temporary measure that will allow the university to preserve positions, wage increases, and healthcare benefits for our dedicated staff and faculty, while maintaining the student experience.”

    University of Providence

    A split from the Providence Health System has prompted officials at the private Catholic university in Great Falls, Mont., to ask its Board of Trustees to declare financial exigency, NBC Montana reported.

    While Providence Health has provided financial support, that arrangement is reportedly set to end in December 2027 and the university must become financially independent, which means plugging an $8 million budget shortfall. University officials told NBC Montana that it previously relied on $8 million or more in health system support to balance its budget.

    Layoffs and program cuts are expected to be part of the financial recovery plan.

    Cornell College

    Multiple programs are set to be eliminated at the private liberal arts college in Iowa, a process that officials said in a statement last month was driven by student enrollment data and interest.

    Majors being cut include classical studies, French and Francophone studies, German studies, religion, Spanish, and multiple music programs. Students enrolled in those majors will be able to complete their degrees through teach-out plans, according to the announcement.

    An unspecified number of job cuts will accompany the program eliminations.

    The New School

    The private university in New York City announced last month that it is offering faculty buyouts, freezing hiring for certain positions, cutting pay for some employees and pausing retirement contributions for up to 18 months, among other changes, in an effort to balance its budget.

    Further, the New School plans to pause admission to most doctorate programs for next year. Program closures are also expected.

    President Joel Towers wrote last month, “The New School continues to face serious and persistent financial deficits that require immediate decisive action.” Now the university is offering early retirement packages to professors and voluntary separation packages to employees, as well as cutting top salaries by 5 to 10 percent. Still, he wrote that job cuts “will very likely be necessary” depending on “participation in voluntary programs” and “progress toward our budget goals.”

    University of Lynchburg

    Faculty buyouts are on the table at the private liberal arts college in Virginia as it seeks to reduce a persistent budget deficit it has been whittling down for the past three years, Cardinal News reported.

    That deficit has reportedly dropped from $12 million in late 2022 to about $2.7 million currently.

    Ohio State University

    The public flagship is eliminating eight programs to comply with Senate Bill 1—controversial and sweeping legislation that has forced higher ed cuts across the state—The Columbus Dispatch reported.

    Programs on the chopping block, all at the undergraduate level, include an integrated major in math and English, medieval and Renaissance studies, music theory, and musicology, among others. Students currently enrolled will be able to complete those programs before they are terminated.

    Signed into law earlier this year, SB1 bans diversity efforts in higher education and requires colleges to drop undergraduate programs that yield fewer than five degrees annually, averaged over a three-year period. However, colleges can ask the Ohio Department of Education for waivers to keep such programs, which Ohio State has done for a dozen offerings.

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  • School Specialty and College Football Playoff Foundation Celebrate Impact Across Schools Nationwide

    School Specialty and College Football Playoff Foundation Celebrate Impact Across Schools Nationwide

    New media center at North Dade Middle School marks milestone in initiative revitalizing learning environments to benefit the entire learning community

    GREENVILLE, WI– November 21, 2025 – School Specialty and the College Football Playoff (CFP) Foundation today announced the completion of a media center makeover at North Dade Middle School, marking the 100th learning space transformed in collaboration with the Extra Yard Makeover initiative. As a part of their nationwide effort to enhance learning environments for students and educators alike, the two organizations have now invested over $5 million into reinvigorating classrooms across the country.

    Miami will host the 2026 College Football Playoff National Championship in January, and as part of its legacy work in the community, the CFP Foundation has committed to delivering more than 30 Extra Yard Makeovers alongside School Specialty to revitalize innovation spaces across schools in Miami-Dade, Broward and Palm Beach counties. With this latest round of makeovers, the CFP Foundation will have helped enrich learning environments in every Miami-Dade middle school.

    “Changing our middle school libraries into modern learning spaces has had a tremendous impact on engagement and learning outcomes,” said Dr. Jose L. Dotres, Superintendent of Miami-Dade County Public Schools. “In addition to renovation, the transformation is an investment in our teachers, our students and our future. These new innovative spaces support hands-on learning for students of today and tomorrow, so they can develop greater curiosity for learning and lifelong skills.”

    These makeovers transform static spaces into flourishing learning environments, providing upgrades like flexible furniture, technology, supplies and even fresh paint or murals. Each school receives the School Specialty proprietary Projects by DesignⓇ experience, which includes comprehensive consultations to determine the type of space that best supports students, educators and the broader school community. Past rooms made over include STEM labs, broadcast classrooms, libraries, media centers, makerspace rooms, teachers lounges, wellness spaces, sensory rooms, multi-purpose rooms, an esports room and a mariachi room.

    “The transformation of our media center is truly invaluable to our students and staff,” said Nicole Fama, Executive Director at Phalen Leadership Academies, which received a makeover in 2024. “We are profoundly grateful to the College Football Playoff Foundation and School Specialty for this investment. Before the media center, we lacked a space that truly fostered community. Now, everything happens here—from senior breakfasts and college athlete signing days to family game nights and teacher appreciation events. It has become the heart of our community, a space we didn’t realize we needed until it was here.”

    These makeovers serve to benefit both students and teachers, allowing schools to improve their offerings, inspire innovation and modern learning, and directly counter some of the top issues in education today.

    “Addressing teacher burnout and maximizing student engagement starts with the physical environment,” said Jeremy Westbrooks, Director of Strategic Account Development at School Specialty. “The physical classroom is an educator’s primary tool, and by modernizing these spaces, the CFP Foundation and School Specialty are delivering a critical resource that empowers teachers to stay focused on their students’ growth and long-term success.”

    “We’re proud to work alongside School Specialty to bring these meaningful makeover projects to life,” said Britton Banowsky, Executive Director College Football Playoff Foundation. “Their expertise in the design of the spaces and incredible generosity make it possible for us to turn vision into impact for teachers and students.”

    In addition to the CFP Foundation and School Specialty, these makeovers have been supported over the years by Bowl Games, Conference partners, Sponsors and host committees of each College Football Playoff National Championship. To date, makeovers have taken place in 18 states across 58 counties.

    To learn more about the College Playoff Foundation’s Extra Yard Makeover initiative, click here.

    To learn more about School Specialty, click here.

    About School Specialty, LLC 

    With a 60-year legacy, School Specialty is a leading provider of comprehensive learning environment solutions for the infant-K12 education marketplace in the U.S. and Canada. This includes essential classroom supplies, furniture and design services, educational technology, sensory spaces featuring Snoezelen, science curriculum, learning resources, professional development, and more. School Specialty believes every student can flourish in an environment where they are engaged and inspired to learn and grow. In support of this vision to transform more than classrooms, the company applies its unmatched team of education strategists and designs, manufactures, and distributes a broad assortment of name-brand and proprietary products. For more information, go to SchoolSpecialty.com.

    About the College Football Playoff Foundation

    The College Football Playoff (CFP) Foundation is the 501(c)3 non-profit organization serving as the community engagement arm of the College Football Playoff and works in partnership with institutions of higher education, sports organizations, corporations and non-profits to support educators and improve student outcomes. The purpose of the CFP Foundation lies in supporting PK-12 education by elevating the teaching profession. The CFP Foundation inspires and empowers educators by focusing its work in four areas: recognition, resources, recruitment and retention, and professional development. To learn more, visit cfp-foundation.org and follow Extra Yard for Teachers (@CFPExtraYard) on social media.

    Media Contact
    Jon Kannenberg
    [email protected]

    eSchool News Staff
    Latest posts by eSchool News Staff (see all)

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  • Higher Education Labor United ("HELU") November 2025 Report

    Higher Education Labor United ("HELU") November 2025 Report

     

    November 2025 HELU Chair’s Message

    Billionaires and the ultra-wealthy have no place in setting the future agenda for higher ed. We – the students, community members, workers that actually make the campus work – do. 
     

    Upcoming Events:
     
     

    From the Blog:

    In Michigan, the MI HELU coalition decided that we wanted to get ahead of the curve by providing candidates with a forum that focused exclusively on Higher Education and the challenges we are facing.

    Together, we’re fighting back against the demonization of higher ed and we won’t cave to governmental bullying to water down our education system with the goal of elimination. Our students deserve better, and so do we.

    Founded in 2020 during the initial phase of the COVID-19 pandemic, Scholars for a New Deal for Higher Education (SNDHE) is a group of teachers and researchers committed to rebuilding our colleges and universities so that they can be a true public resource for everyone.

    And now [New York is] being punished by a federal government that sees organized labor, public education, and social investment as threats instead of strengths.

    Public protest and influencing public opinion is keeping UCW (CWA Local 3821) busy. Members have been fighting fiercely to Defend Remote Work at their state institutions.
     

    Want to support our work? Make a contribution.

    We invite you to support HELU’s work by making a direct financial contribution. While HELU’s main source of income is solidarity pledges from member organizations, these funds from individuals help us to grow capacity as we work to align the higher ed labor movement.

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  • USDA will fully cover SNAP benefits for November

    USDA will fully cover SNAP benefits for November

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    Dive Brief:

    • The U.S. Department of Agriculture said Friday in a memo that it has started issuing funds to states to fully cover SNAP benefits for November.
    • The department said it is complying with a Rhode Island court order from Thursday directing it to fully fund SNAP benefits after it initially said it would only fund the program at around 50% for the month. The Trump administration filed an appeal on that same day stating it does not want to tap the full amount of emergency funds. 
    • The memo marks a significant move in a touch-and-go fight to restore funding to EBT cards amid the government shutdown.

    Dive Insight:

    The USDA’s move is happening even as the Trump administration continues to resist directives on how to fund SNAP during the government shutdown. The 1st U.S. Circuit Court of Appeals is weighing the Trump administration’s request to pause the Rhode Island judge’s order, ABC News reported.  

    “Later today, FNS will complete the processes necessary to make funds available to support your subsequent transmittal of full issuance files to your EBT processor,” the USDA memo said, referring to the Food and Nutrition Service, its agency that oversees SNAP.

    Following the Thursday ruling, a handful of states said they told their SNAP vendors to issue full benefit amounts to program participants’ EBT cards.

    The California governor’s office on Thursday said that “benefits are now beginning to be available on recipients’ cards.” The Oregon Department of Human Services said SNAP recipients in the state will see “100% of their November benefit amount” starting today. Similarly, Wisconsin’s website notes that full November SNAP benefits are now available. 

    The USDA had previously told states on Wednesday that, based on new calculations, it could fund 65% instead of half of SNAP benefits for November. 

    At the start of this week, a senior USDA official said in court filings that procedural challenges with recoding systems in order to partially dole out benefits would likely result in weeks or even months of delays. The Rhode Island judge, who had initially urged the federal government to fund SNAP even if it could only partially do so, noted that key reasons for the Thursday ruling were those expected delays as well as the availability of other emergency funds, which the USDA had said it didn’t want to use. 

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  • BORROWERS AGAINST APOLLO EVENT, FRIDAY NOVEMBER 7TH, NEW YORK CITY (HELU, AAUP, AFT)

    BORROWERS AGAINST APOLLO EVENT, FRIDAY NOVEMBER 7TH, NEW YORK CITY (HELU, AAUP, AFT)

    Higher Ed Unions, Student Unions, and For-Profit College Borrowers Unite Against Trump’s “Higher Education Compact”

    Several higher education unions, student unions, and former students of for-profit colleges are organizing in opposition to the Trump administration’s proposed “higher education compact”—a plan heavily shaped and promoted by private-equity billionaire Marc Rowan.

    Rowan, the CEO of Apollo Global Management, has played a central role in advancing this proposal. Apollo owns several predatory for-profit institutions, including the University of Phoenix, one of the most notorious offenders in the industry.

    In a recent New York Times op-ed, Rowan took public credit for the compact, writing:

    “The evidence is overwhelming: outrageous costs and prolonged indebtedness for students; poor outcomes, with too many students left unable to find meaningful work after graduating…”

    Yet, under Rowan’s leadership, the University of Phoenix has become the largest source of Borrower Defense claims of any for-profit school, with more than 100,000 pending applications as of July 2025. Borrower Defense is a federal protection that allows students to seek loan forgiveness if their school misled them or violated state or federal law.

    The University of Phoenix has faced multiple law enforcement investigations for deceptive recruiting tactics that targeted veterans, service members, and working adults nationwide. The school’s misconduct led to a $191 million settlement with the Federal Trade Commission for falsely claiming partnerships with major employers. More recently, the university attempted to portray itself as a public institution while seeking to sell to two states—both of which ultimately rejected the deal after public backlash.

    While Rowan’s personal fortune exceeds $7 billion, borrowers continue to shoulder crushing debt from degrees that delivered little to no value. His leadership has fueled a system that profits from student harm—and now, through this compact, he is setting his sights on reshaping major public universities.

    We refuse to stay silent. Borrowers, students, and educators are standing together to demand accountability and defend higher education from predatory perpetrators.

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  • HR and the Courts — November 2024

    HR and the Courts — November 2024

    by CUPA-HR | November 13, 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.

    More Than 35,000 University of California Service Employees Vote to Strike

    The union representing over 35,000 service and patient care employees at all 10 campuses and five medical centers of the University of California reports that the membership has voted overwhelmingly to strike if collective bargaining contracts cannot be reached. The American Federation of State, County and Municipal Employees (AFSCME) Local 3299 is the union representing the service and patient care employees. The contract covering 25,000 patient care employees expired on July 31, 2024, and the contract covering 11,000 service employees expired November 7, 2024. The union stated it would provide the university with 10 days advance notice of any strike.

    The union claims higher costs, especially for housing, has led to a major crisis for its members. The union has filed charges with the California Public Employee Relations Board alleging that the university has not shared information on UC finances as part of the bargaining process.

    University Sues NLRB, Claims Requirement to Turn Over Information Violates FERPA

    Vanderbilt University has sued the National Labor Relations Board in federal court, claiming that the agency’s requirement to turn over student information violates its obligations under the Family Educational Rights and Privacy Act. The NLRB and the United Auto Workers (UAW), the union seeking to organize the unit of graduate student employees, have requested information on about 2,200 graduate student employees, including work locations, shifts, and job classifications. Vanderbilt claims that providing such information would jeopardize the university’s ability to receive federal funds due to FERPA.

    Vanderbilt is seeking an injunction requiring the NLRB to vacate the rules as applied so the university will not have to violate FERPA. Vanderbilt asserts that the NLRB’s rules are arbitrary and capricious and contrary to law given the conflict with the university’s obligations under FERPA (Vanderbilt University v. NLRB (M.D. Tenn. No. 3:24-cv-01301, Comp filed, 10/29/24)). Vanderbilt has asserted more than 80 students have objected to the disclosure of the information. We will follow developments in the case as they unfold.

    Educator’s Anti-Male Bias Title IX Claim Can Go to Trial

    The 2nd U.S. Circuit Court of Appeals ruled that an educator’s Title IX claims can go to trial. The educator alleges that a New York state school district’s harassment probe, which resulted in a ruling against him, violated his Title IX rights. He was accused by a student of inappropriate conduct and touching in his mobile agricultural education trailer. The 2nd Circuit noted that the alleged perpetrator was not given timely notice of the allegations, was not told what was specifically alleged, and was denied the chance to review the evidence and present evidence of his own.

    The appeals court reversed the decision of the trial court, thereby giving the alleged perpetrator the right to a trial over the claim that the Title IX investigation was flawed and biased against him as a male (Schiebel v. Schoharie Central District (2nd Cir., No. 23-01080, 11/1/24)). The appeals court also noted that only one other student was interviewed, despite other students and adults allegedly being present, and that student did not confirm the allegations of the alleged victim.

    Union Election Petitions Filed With NLRB Have Doubled Since Fiscal Year 2021

    The NLRB reports that union election petitions for the most recent fiscal year have totaled 3,286, or more than double the amount in fiscal year 2021. The number of election petitions also amounts to a 27% increase over the previous fiscal year of 2023. The NLRB reported a 7% increase in the number of unfair labor practice filings it has received since fiscal year 2023.

    The NLRB has jurisdiction over private colleges and universities. Public college and universities in most states are subject to state-based rules in conducting union election matters. Commentators generally report anecdotally that state-based union election petitions are also increasing. There have been increased reports of union organizing among higher ed student employee work groups.

    NLRB General Counsel Says New College Athlete Employment Legislation Unnecessary  

    NLRB General Counsel Jennifer Abruzzo stated that there is no need for special legislation concerning student-athlete employment status, since there is existing legislation under the Fair Labor Standards Act, minimum wage laws, and the National Labor Relations Act (NLRA). No new laws, such as those promoted by the NCAA, are necessary, she said. Abruzzo made these remarks at a symposium hosted by Temple University in October. The general counsel pointed out that the situation under the FLSA is currently being played out in the courts.

    Court of Appeals Reverses NLRB Order for Elon Musk to Delete Tweet That Workers Will Lose Stock Options if They Unionize

    The 5th U.S. Circuit Court of Appeals reversed an earlier decision that affirmed the NLRB’s order against Musk and Tesla. In 2021, the NLRB ordered that Musk delete a tweet saying that employees of Tesla would lose stock options if they were to unionize. The appeals court ruled 9 to 8 that the NLRB order was not enforceable. The appeals court declined to rule one way or the other whether the tweet violated the NLRA, rather holding that the NLRB’s proposed remedy was not enforceable.

    Bloomberg reported that the decision was a “blow” to the NLRB’s authority to enforce the labor law’s prohibitions on an employer’s allegedly coercive anti-union statements, particularly when they appear on social media.



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  • HR and the Courts — November 2023 – CUPA-HR

    HR and the Courts — November 2023 – CUPA-HR

    by CUPA-HR | November 8, 2023

    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.

    California Becomes First State to Mandate Workplace Violence Prevention Plans

    Under a new law, the first broad state law of its kind, most employers in California must now adopt workplace violence prevention plans by next summer. Before now, hospitals in California were the only group of employers required by state law to adopt workplace violence prevention plans. What specifically must be included in the plan is vague under the terms of the statute. The California Division of Occupational Safety and Health (Cal/OSHA) will be responsible for implementation of this statute and stated that it would adopt an appropriate workplace violence set of standards for employers.

    The law will require employers to establish written plans, employee training and tracking of violent acts. Plans must be specific for each workplace and tailored to meet the individual circumstances of each setting. Commentators are looking for further guidance from Cal/OSHA on the specific details that must be covered by employer plans.

    Mandatory Time Off for Reproductive Loss

    California and Illinois are leading the way in the adoption of state laws mandating that employers guarantee time off following a miscarriage or other reproductive loss to ensure leave for grieving. The laws guarantee employees up to five days of paid or unpaid leave following a reproductive loss including miscarriage and still birth, as well as failed adoption, invitro or surrogacy. Utah has adopted a similar policy for state employees, and several cities have adopted similar statutes. Some national employers already voluntarily include reproductive losses in time-off provisions for employees.

    NLRB Lowers the Bar to Prove Joint Employer Status — May Impact Student-Athlete Cases

    The National Labor Relations Board rescinded a Trump-era regulation requiring that an alleged joint employer must have “direct and immediate” control exercised over employees to prove joint employer status. Under the new standard, if an alleged joint employer indirectly controls job terms or conditions of employment, it is a joint employer subject to NLRB jurisdiction. This will have immediate application to the ongoing dispute as to whether the NCAA and athletic conferences are joint employers of student-athletes, as they exercise control over rules that student-athletes must adhere to.

    This also may affect the NLRB’s attempt to exert jurisdiction over student-athletes at public colleges and universities. While the NLRB has no jurisdiction over public entities, its general counsel is asserting jurisdiction over those student-athletes at public institutions based on the legal theory that the NCAA and/or the athletic conferences are joint employers.

    Student-Athlete Unionization Issue May Affect Smaller Institutions and Athletic Programs

    Two additional, separate NLRB cases are winding their way to a decision on whether student-athletes meet the definition of employee under the National Labor Relations Act and are therefore eligible to unionize. A West Coast case involves the NLRB issuing a complaint claiming that the University of Southern California, the NCAA, and the PAC-12 Conference are joint employers of student basketball and football players and have unlawfully refused to bargain with any union.

    An East Coast case involves a union petition filed by the Service Employees International Union to represent Dartmouth College basketball players. Dartmouth has argued that its basketball players are not employees under the NLRA, as they do not receive sports scholarships and the basketball program does not generate money for the institution.

    Commentators at Bloomberg have concluded that decisions allowing unionization of college athletes may have the most serious repercussions for smaller institutions and even small athletic programs that do not generate revenue at large institutions.

    Class Actions Proliferate Related to Washington State’s Pay Transparency Law  

    A series of 40 or so class actions filed against major employers in Washington state — including Adidas, Home Depot and Marriott — will test the reach of the new Washington state job ad and pay transparency law. The Washington state law, like similar statutes in California, Colorado and New York, requires employers to provide pay ranges and benefits information in job ads, with the aim of improving pay equity for women and employees of color.

    The Washington and California laws also provide plaintiff applicants with a private right to sue, with Washington’s statute incentivizing plaintiffs to sue. It grants plaintiffs an award of actual damages proven or $5000, whichever is greater, plus attorney fees upon proving a pay transparency violation.

    Former Women’s Basketball Coach Loses Sex Discrimination Lawsuit

    The former head women’s basketball coach at the University of Montana has lost the sex discrimination lawsuit she filed following her termination after a poor win-loss record and serious culture complaints made by players and parents, including players threatening to leave the university if she remained as coach. The court also granted a positive inference to the university’s stated rationale for termination under the “same actor” doctrine, where in this case the same athletic director that hired the plaintiff was the person who made the decision to fire the plaintiff (Schweyen v. Univ of Montana–Missoula (2023 BL 390525, D. Mont. 9.21-cv-00138, 10/31/23)).

    The prior coach had a compiled 38-year performance of winning 75% of her games, while the plaintiff had only one winning season in the four years she served as head coach. The court rejected the plaintiff’s attempt to compare herself to a men’s basketball coach who had lost team players to transfer, citing multiple federal cases that have rejected arguments that disparate treatment between men’s and women’s sports teams creates an inference of discriminatory animus under Title VII.



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

    HR and the Courts – November 2022 – CUPA-HR

    by CUPA-HR | November 8, 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 Disavows Publicly-Expressed Views of Former General Counsel Regarding Abortion Travel Issues 

    The Equal Employment Opportunity Commission (EEOC) took the rare step of publicly disavowing the views expressed by its former general counsel who was appointed during the Trump administration and replaced during the Biden administration. The EEOC stated on October 31, 2022 that its former general counsel expressed her personal views, not that of the agency, when she warned that employers providing travel assistance to employees seeking an abortion but not for other procedures might be sued by the EEOC. Nonetheless, this is a developing area of the law and counsel should be consulted on these issues.

    Supreme Court Hears Oral Argument Over Continuation of Affirmative Action In College Admissions

    The Supreme Court heard oral argument over the continuation of Affirmative Action in college admissions on October 31, 2022 in Students for Fair Admissions (SFFA) v. Harvard and Students for Fair Admissions (SSFA) v. University of North Carolina (UNC). The first major Supreme Court decision involving Affirmative Action in college admissions occurred in 1978 in University of California v. Bakke. In Bakke, a divided Supreme Court approved the University of California’s Affirmative Action plan with four justices ruling in favor of the plan and four justices ruling that the Affirmative Action plan violated the constitution. The remaining solo opinion of Justice Lewis Powell coupled with the four votes in favor of Affirmative Action became the precedent. Justice Powell concluded that a race-conscious admissions program could theoretically satisfy constitutional strict scrutiny by being narrowly tailored to promote a diverse student body.

    In 2003, a majority of the Supreme Court endorsed Justice Powell’s solo opinion in Grutter v. Bollinger when Justice Sandra Day O’Connor added in the majority opinion that the Court expects that such policies will no longer be necessary in 25 years.

    The Supreme Court set aside two hours to hear oral argument in two lawsuits brought by the SFFA, an anti-Affirmative Action group, against Harvard University and the University of North Carolina. The SFFA wants the Supreme Court to overturn Justice Powell’s solo opinion in the Bakke case and end consideration of race in college admissions. The group argues among other things that current Affirmative Actions policies routinely discriminate against Asian Americans who do not receive racial preferences. Both colleges deny that Affirmative Action policies discriminate against Asian Americans.

    To complicate matters further, both cases were coupled for oral argument, but were uncoupled and heard separately because Justice Ketanji Brown Jackson recused herself for the Harvard case because of past work on Harvard’s Board of Overseers.

    Supreme Court Considers Long-Standing Preemption of State Laws Barring Employer State-Based Claims of Destruction of Property During Labor Disputes

    The Supreme Court will also reconsider this term its 60-year-old decision in San Diego Building Trades v. Garmon (commonly referred to as the Garmon Preemption Doctrine), in a case in which an employer is seeking to sue a teamsters local union alleging common law state claims of intentional destruction of property during a labor dispute and commencement of a strike (Glacier Northwest Inc. v. International Brotherhood of Teamsters, Local 174 (US No. 21-1449)). The Supreme Court ruled in the Garmon case that the federal National Labor Relations Act (NLRA) preempts and therefore prohibits all state court lawsuits against unions, concluding that an employer’s sole remedy is subject to the provisions of the NLRA, and that sole remedy for relief is up to the National Labor Relations Board (NLRB).

    In the case at hand, the Washington State Supreme Court dismissed an employer’s common law lawsuit against Teamster Local Union No. 174 for intentional destruction of property holding that under Garmon preemption the employer’s sole remedy is before the NLRB, which does not grant property damages to employers so harmed. The employer in the case alleged that its teamster union drivers returned the employers ready mix concrete trucks fully loaded with concrete to the yard prior to leaving on strike with the concrete in the trucks ready to harden and therefore destroyed the trucks. The teamsters claimed that they left the trucks running so that they could be unloaded safely.

    Some commentators conclude that if the Supreme Court alters Garmon broadly and allows such lawsuits to proceed, it could trigger a new and effective employer weapon in holding union’s liable for economic consequences of strikes and other actions taken during labor disputes. Those commentators also point out that if the Supreme Court broadly limits preemption, it could lead to conservative-leaning states to enact legislation restricting union conduct during strikes.

    California Joins Growing List of States Expanding Paid Leave Benefits

    California’s recent enactment of paid leave protections requiring employers to provide employees with paid leave to care for individuals who are not legal relatives joins the growing list of states regulating this area of employee benefits. So far, 11 states and the District of Columbia have enacted paid leave programs. Five of those states (Colorado, Connecticut, New Jersey, Oregon and Washington) allow employees to use those benefits to take care of non-relatives designated as “akin to family.”

    Nationwide, this is leading to a unique patchwork of requirements depending on where the employee is employed. Research should be conducted in your local jurisdiction to guide your institution on the breadth and application of possible city and/or state requirements. In addition, remote work in another state may also alter which state’s laws applies.

    U.S. Court of Appeals to Address Whether Sovereign Immunity Exempts State University From Federal Whistleblower Wrongful Discharge Claims

    The U.S. Court of Appeals for the 4th Circuit (covering Maryland, Virginia, West Virginia, North Carolina and South Carolina) will address whether Maryland state sovereign immunity applies to Morgan State University and Maryland State University in a case involving federal whistleblower wrongful discharge claims by the university’s former director of broadcast operations (Williams v. Morgan State University (4th Cir., Case no 21-01918, 10/13/22)).

    The plaintiff complained that the university mishandled a debate between Baltimore mayoral candidates and that she was ultimately discharged because she claimed that the mishandling may have violated the Federal Hatch Act and Federal Communications Commission regulations. The federal trial court dismissed the plaintiff’s federal claims, holding that while Maryland had waived sovereign immunity with respect to state tort claims, it did not do so regarding federal claims. The Court of Appeals has taken the unusual position of asking the Maryland State Court of Appeals whether the state has waived sovereign immunity with regard to federal tort claims.

    The plaintiff also added a federal whistleblower claim that the university’s dean and other professors were intentionally inflating expense numbers to federal and state agencies to “pad the university’s funding.”

    NLRB Returns to In-Person Manual Union Elections to Replace Mail-In Ballots Mandated During COVID-19 Pandemic

    In-person voting at employer premises in NLRB-supervised union elections is returning as the primary method of voting as the NLRB modifies the rules that it enacted during the onset of the COVID-19 pandemic, which lead to a great increase in mail-in voting. Nearly 75 percent of the 3,185 NLRB-supervised elections, which were conducted since the start of 2020 during the pandemic, were conducted by mail according to Bloomberg BNA. Unions prevailed in 76 percent of the mail-in elections as opposed to prevailing in 68 percent of the in-person elections. Employers generally prefer in-person manual elections because of the NLRB rules, which ensure secrecy, avoid electioneering around voting areas and arguably prevent voter fraud coercion.

    Employer groups argue that there is greater turn out during in-person manual voting. Unions claim that employers have an unfair advantage at in-person, manual voting because the election takes place on the employer’s “home turf.”



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