The U.S. Department of Education (“Department”), through the Office for Civil Rights, enforces Title IX, which prohibits discrimination on the “basis of sex” in any educational program or activity receiving Federal financial assistance. However, Title IX expressly permits “separate toilet, locker room, and shower facilities on the basis of sex” (34 C.F.R. §106.33). Given such […]
McGown & Markling is proud to announce that Matthew John Markling has been appointed to the Ohio State Bar Association Labor and Employment Law Specialty Board (“Specialty Board”). The Specialty Board is composed of between eight and twelve individuals, the majority of whom are attorneys generally recognized as experts in the field of labor and […]
“An employer must [always] consider providing unpaid leave to an employee with a disability as a reasonable accommodation if the employee requires it” according to a resource document issued by the U.S. Equal Employment Opportunity Commission (“EEOC”). Please read the above statement again. According to the EEOC, an employer must always treat a request for leave […]
In the case of Burton v. Cleveland Hts.-Univ. Hts., 2016-Ohio-2841, the Eighth Appellate District dismissed a high school graduate’s expulsion appeal because there was no longer an actual controversy for the court to decide. The school district suspended and expelled Burton, a high school student at the time, after he attacked two younger students who […]
In the case of Toledo City School Dist. Bd. of Edn. v. State Bd. of Edn., 146 Ohio St.3d 356, 2016-Ohio-2806, the Ohio Supreme Court held that “the General Assembly has constitutional authority to adjust local school funding retrospectively.” The dispute began when the Ohio Department of Education (“ODE”) “noticed that the number of community-school […]
Can a majority of the members of a public body hold private, prearranged discussions of public business by e-mail or other electronic means? “No,” answered the Ohio Supreme Court in the case of White v. King, Slip Opinion No. 2016-Ohio-2770. In White, a majority of school board members privately e-mailed among themselves, as well as […]