Thought Leadership

Does Title IX Apply to Gender Disparity in NIL Compensation?

By Matthew A. Reed, Counsel, Thompson & Horton

Amateurism in intercollegiate athletics is dying. A combination of state legislation and federal court orders has resulted in a largely unregulated “Wild West” environment in which college athletes have gained an unprecedented ability to capitalize on their status by receiving payments for use of their names, images, and likenesses (“NIL”). Not surprisingly, most NIL payments seem to be flowing to men. What responsibility do educational institutions have to ensure gender equity in NIL payments to athletes in their sports programs?

The post Does Title IX Apply to Gender Disparity in NIL Compensation? appeared first on Title IX Tips.

What You Don’t Know Might Hurt You: Surviving an OCR or DOJ Civil Rights Complaint

The U.S. Department of Education’s Office for Civil Rights (OCR) and the U.S. Department of Justice’s Civil Rights Division share

EEOC Issues Guidance on Accommodating Job Applicants and Employees with Hearing Disabilities

On January 24, 2023, the Equal Employment Opportunity Commission released updated guidance on how the Americans with Disabilities Act applies to job applicants and employees with hearing disabilities. The Q&A resource comes on the heels of the EEOC’s announcement of two settlements—one for $44,250 and the other for $180,000—with two employers accused of adverse employment actions against deaf individuals in violation of the ADA. Although the EEOC guidance does not contain new legal mandates, it is an important reminder to educational employers of how the agency will apply existing legal standards in cases involving individuals with hearing disabilities. Employers should review the guidance and their policies, procedures, and practices to mitigate the risk of challenges of employment discrimination by applicants and employees with hearing disabilities. The following is a summary of the major points from the guidance that employers should know.

The post EEOC Issues Guidance on Accommodating Job Applicants and Employees with Hearing Disabilities appeared first on Educated Employer.

Starring in Your Own Reality Show:  Livestreaming Encounters with the Police (Sharpe v. Winterville Police Department)

Does a person have a constitutional right to livestream (video and play on social media in real time) their encounter with the police or other government officials, or can livestreaming be prohibited on the grounds of safety?

The post Starring in Your Own Reality Show:  Livestreaming Encounters with the Police (Sharpe v. Winterville Police Department) appeared first on The Oldest Blog.

Addressing Common Myths Regarding Accommodations Decisions and Implementation

Perhaps one of the most critical components of a student’s IEP, accommodations are designed to provide equal access to the learning environment for students with disabilities. Despite their importance, ARD committees sometimes gloss over this section of the IEP without giving it the attention it deserves. One cause for confusion is that the term “accommodations” is not actually defined in the IDEA, which may lead to disputes over what is necessary and appropriate to provide FAPE. To ensure that school districts make appropriate decisions regarding accommodations and comply with implementation requirements, we address common myths that we hear regarding accommodations and clarify the legal truth below:  

The post Addressing Common Myths Regarding Accommodations Decisions and Implementation appeared first on Special Education Spotlight.