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Personnel Law Conference Edition - Issue #3

The third of 3 issues devoted to current legal news for HR directors and other school administrators

What the New EEOC Rules Regarding the Release of Employer Position Statements Means to You


The EEOC releases new rules allowing the charging party access to employer’s position statements.

Austin ISD School Program Wins Rather Prize


Eastside Memorial High School is the first winner of this new prize with their STEP Up Challenge.

Teachers Thank Their Students (video)


Fall Special Ed Law Edition of Postscripts

Even More Personnel Law Conference Q&A Continued…


An answer and links to resources are provided on the question of religious accommodation.



Principal’s Alleged Retaliatory Motive Could Be Used to Support Liability Against the School Board

  Bias v. Tangipahoa Parish Sch. Bd., Dkt. No. 15-30193 (5th Cir. March 9, 2016) (published).

In this interesting case, a JROTC instructor sues the school board for retaliation under the False Claims Act even though he was employed by the Marine Corps.

Court’s Dismissal Of Woman’s Retaliation Claim Was Improper

  Porter v. Houma Terrebonne Housing Authority Bd. Of Com’rs, 810 F.3d 940 (5th Cir. 2015).

Failure to rescind the resignation of an employee at her request after the employee testified at a grievance hearing qualified as an adverse employment action.

P.E. Teacher Could Proceed on Her Sexual Harassment and Retaliation Claims

  Alamo Heights Indep. Sch. Dist. v. Clark, No. 04-14-00746-CV (Tex. App. – San Antonio 2015).

The court of appeals finds sufficient evidence of harassment and retaliation and allows a terminated teacher to proceed with her suit.

The Teacher Failed to Establish Claims Related to Her Contract, Appraisals and Salary

  Harris v. Aldine ISD, Dkt. No. 029-R10-03-2015 (Comm’r Educ. Nov. 23, 2015).

The commissioner rules in favor of the district when a teacher files grievances but fails to exhaust administrative remedies.

Did the Assistant Principal Enter Into a Valid Contract After He Agreed to Resign?

  Martinez v. United ISD, Dkt. No. 030-R10-03-2015 (Comm’r Educ. Nov. 23, 2015).

The Commissioner looks at two contracts signed by an assistant principal and a district and decides which is enforceable.