With the recent announcement by the U.S. Department of Education and Department of Justice that those federal agencies are withdrawing the previous guidance as to transgendered students offered in the “Dear Colleague Letter” jointly issued in May 2016, school districts across New Jersey may be wondering what, if any obligations, do they have with respect to their transgendered students.

It will happen to you. If you manage people, you know that everyone makes mistakes and, sometimes, some people intentionally do the wrong thing. It is inevitable that all organizations – big and small – will eventually have to investigate employee misconduct. It is simply a part of doing business. 

It’s no secret that employment litigation is one of the fastest growing areas of litigation – and expense – for employers. From June 2014 through June 2015, there were 12,258 lawsuits filed in United States District Courts across the county alleging violations of civil rights in employment. During that same period, also in United State District Courts, there were another 19,047 lawsuits initiated alleging violations of various U.S. labor labors, such as the federal wage and hour statute and the family leave act. And these numbers do not include lawsuits filed in state courts. How is a private business supposed to plan for the costs of the inevitable disgruntled employee who wants to sue you?  One way to manage costs is by using employment arbitration agreements.