Interested in how the First Amendment impacts schools and universities? Register for the upcoming NCBA Education Law Section CLE and Annual Meeting.
First Amendment issues are near the top of the list of legal issues that education attorneys address on a daily basis. As our school and university clients navigate legal questions raised by new technologies, viral forms of expression, and impassioned political discourse, it is essential that education attorneys understand the parameters of the First Amendment. I invite you to discuss these topics with your colleagues at the 2017 Education Law Section CLE and Annual Meeting on Friday, April 21, at the NC Bar Center in Cary.
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Took an online survey? It didn’t even take too long. It explored a range of important topics in hopes of creating a picture of the challenges and goals of attorneys practicing law today.
No joke.
Please take a few minutes to complete the online State of the Profession Survey from the N.C. Chief Justice’s Commission on Professionalism. The survey password was mailed to all licensed North Carolina attorneys on April 5. Email [email protected] if you need help.
For those who have completed the survey, thank you very much for your participation.
https://www.ncbarblog.com/wp-content/uploads/2017/04/Success-Opposite-Decision-Failure-Choice-Choose-1123017.jpg640960NCBARBLOGhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBARBLOG2017-04-12 11:45:002017-04-12 11:45:00Have You Heard the One About the Lawyer Who …
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Practitioners in our field have grown accustomed to seeing others’ dismay as they discover that Title VII does not bar sexual orientation discrimination. “That can’t be true—it’s 2017!” For decades, the prevailing belief, and reality, was that employers could discriminate against employees on the basis of their sexual orientations with relative impunity and the wronged employees would generally have no legal recourse. Hardened employment lawyers got used to this, but for most people this situation was nearly impossible to comprehend.
That common-sense disbelief has finally led somewhere. On April 4, 2017, the full 7th Circuit U.S. Court of Appeals, in an 8-3 decision, ruled that sex discrimination extends to sexual orientation. The case is Hively v. Ivy Tech Community College of Indiana, No. 15-1720, (7th Cir. Apr. 4, 2017) (https://assets.documentcloud.org/documents/3536022/Hively-Opinion.pdf_) and we should get to know it.
Kimberly Hively, the plaintiff-appellant, was a part-time, adjunct professor at Ivy Tech Community College. She was, as the court put it, “openly lesbian.” Hively applied for six full-time positions and received none of them. Ivy Tech eventually decided not to renew her existing contract. Without the assistance of counsel, Hively filed an EEOC Charge that bluntly stated, “I believe I am being discriminated against based on my sexual orientation. I believe I have been discriminated against and that my rights under Title VII of the Civil Rights Act of 1964 were violated.”
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The repeal of House Bill 2 ends a year of high drama in The Old North State, but many challenges remain for the LGBTQ community. Gone is the clause prohibiting anyone from using a restroom other than that which corresponds to their birth certificate. But also missing is any protection affirmatively granting transgender, genderqueer, and gender nonconforming people the right to use the restroom corresponding to their gender identity.
This vacuum is a return to the status quo pre-HB2. For publicly owned facilities, gone is the worry that using the restroom is against the law. Without any legal protection, however, the simple act of using the restroom continues to be dangerous in light of potential harassment or physical aggression from others in the bathroom.
As to private employers, it remains legal in North Carolina to deny someone employment or access to public accommodations on the basis of their sexual orientation or gender identity following this repeal. Local governments are powerless to provide otherwise until Dec. 1, 2020.
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The pursuit of happiness – professional and personal – is always in the back of our minds. For a few minutes, we’d like to put it front and center.
If you’ve not yet completed the online State of the Profession Survey from the N.C. Chief Justice’s Commission on Professionalism, please take some time to do so now at https://www.surveymonkey.com/r/stateoftheprofession. The survey password was mailed to all licensed North Carolina attorneys on April 5.
For those who have completed the survey, thank you very much for your participation.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00NCBARBLOGhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBARBLOG2017-04-04 15:51:162017-04-04 15:51:16Attention Paralegal Division Members: Scholarship Time Is Here!
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