James Sconzo

Nov 12, 2024 | jdsupra.com | Amanda Brahm |Brendan Gooley |James Sconzo

Last week, the U.S. Court of Appeals for the Eleventh Circuit ruled that Title IX of the Education Amendments of 1972 does not provide an implied right of action for sex discrimination in employment. This decision deepens an existing split among circuit courts. This issue came before the Eleventh Circuit on a consolidated appeal of two claims. The first was a lawsuit brought by an art professor at Augusta University who was found responsible for sexual harassment under the school’s Title IX policy.

May 3, 2024 | jdsupra.com | Brendan Gooley |James Sconzo |Jonathan Sterling

The U.S. District Court for the Eastern District of Texas has issued an aggressive scheduling order that “should allow prompt resolution of” one of the initial challenges to the FTC’s noncompete ban “with sufficient time, before the rule’s effective date, for ... appellate review.” Briefing under the court’s schedule will be completed by June 19, 2024.

Jun 5, 2023 | jdsupra.com | Brendan Gooley |James Sconzo |Jonathan Sterling

On May 30, 2023, the National Labor Relations Board’s general counsel, Jennifer Abruzzo, issued an enforcement memorandum asserting that most noncompete provisions in employment contracts and severance agreements violate the National Labor Relations Act. This is the latest controversial enforcement memo demonstrating an intention to change the workplace.

Apr 10, 2023 | jdsupra.com | Amanda Brahm |Brendan Gooley |James Sconzo

Transgender athletes’ participation in school sports has been an area of focus for governing bodies like the National Collegiate Athletic Association and the Connecticut Interscholastic Athletic Conference, as well as state lawmakers. Now, the Biden administration’s Department of Education (DOE) has signaled its intent to expand protections for transgender students in this area.

Feb 23, 2023 | jdsupra.com | Justin Peters |James Sconzo |Jonathan Sterling

On February 21, 2023, in McLaren Macomb, No. 07–CA–263041, the National Labor Relations Board held that confidentiality and nondisparagement provisions are prohibited in severance agreements where they purport to limit an employee’s ability to discuss the agreement with coworkers, or otherwise communicate about their employment, reversing its prior decisions under the Trump administration.