Here is a compendium of current issues that affect Ohio’s public entities, plus McGown & Markling news of note.
An unanimous 8-0 decision by the U.S. Supreme Court in the case Mount Lemmon Fire District v. Guido, 586 U. S. ____ (2018), determined that all state and local governments and their subdivisions are employers covered by the Age Discrimination in Employment Act (“ADEA”) – regardless of the number of employees that are employed by […]
In Grimm v. Gloucester Cty. School Bd., 302 F. Supp. 3d 730 (E.D.Va. 2018), a federal trial court allowed a transgender student to bring discrimination claims against the student’s school board based upon the student’s transgender status under Title IX of the Education Amendments of 1972 (“Title IX”) and the Equal Protection Clause of the […]
In the case EEOC v. R.G. &. G.R. Harris Funeral Homes, 884 F.3d 560 (6th Cir. 2018), a federal appellate court held that Title VII of the Civil Rights Act protects transgender persons because of their transgender or transitioning status. Title VII prohibits employers from discriminating against their employees in matters related to employment – […]
In a long awaited decision, the Ohio Supreme Court dismissed the appeal in In re L.G., Slip Opinion No. 2018-Ohio-3750 as improvidently accepted, leaving the Ohio appellate court’s decision regarding the obligation of school officials to issue Miranda warnings in place. In this case, a young student made a bomb threat to a public middle […]
Senate Bill 216, which has an effective date of November 2, 2018, makes a number of significant revisions to (1) the state framework for teacher evaluations and (2) non-teacher tenure. With respect to teacher evaluations, the act eliminates the requirement that 50% of a teacher’s evaluation consist of student academic growth measures. Instead, Senate Bill […]
House Bill 438, which goes into effect on September 28, 2018, makes two significant changes regarding (1) the annexation of educational service center (“ESC”) territory and (2) the appointment of additional governing board members. With respect to the ESC territories, the act permits a local school district that previously severed its territory from an ESC, […]