EdLawConnect Blog

Earlier this year, the Ninth Circuit Court of Appeals (“Ninth Circuit”) affirmed a lower court’s decision in Kennedy v. Bremerton School District (9th Cir. 2021) 991 F.3d 1004, holding that a school district’s direction to a high school football coach not to engage in religious conduct through prayer immediately after the game in front of students and spectators did not violate the coach’s First Amendment right to free speech.  On balance, the Ninth Circuit confirmed that allowing the conduct would have risked the school’s violation of the Establishment Clause.  As outlined below, the case outcome was fact-specific and driven by the unique circumstances giving rise to the Coach’s claim.

Within the past month, California courts have issued rulings expanding the types of lawsuits that may be filed against website operators for failing to maintain certain accessibility standards.  Given these rulings and the U.S. Department of Education, Office for Civil Rights’ recent trend towards focusing on website accessibility for local educational agencies (LEA), it is more important than ever to assess whether your websites meet industry standards for accessibility.

As the #MeToo Movement placed a glaring spotlight on the continuing problem of sexual harassment in the workplace, outgoing California Governor Jerry Brown signed several bills aimed at curbing harassment. All of them impact California employers, both public and private.

In mid-October 2017, Hollywood movie executive Harvey Weinstein tumbled from grace when he was accused of sexual harassment from multiple actresses who had worked with him over the decades.  After the first complaint came in, more and more women began to come forward with their own allegations against Weinstein.  From there, out of the Weinstein complaints grew a new movement of women and men speaking out against other celebrities, politicians, and media personalities alleging sexual misconduct.  Social media responded with a “#metoo” movement where victims of sexual harassment and misconduct took to the internet to give light to a topic previously tucked away in the dark.