Gulino v. The Board of Education of the New York City School District of the City of New York, No. 13-cv-1001 (2d Cir. Feb. 4, 2014): A recent decision by the Second Circuit Court of Appeals affirmed a ruling by the lower court that the New York City Board of Education (BOE) violated Title VII of the Civil Rights Act through its use of a discriminatory teacher certification exam that was not “job related” under the statute. With its decision, the Second Circuit added another chapter to long-running litigation involving efforts by a group of minority teachers to challenge the use of teacher certification tests that have allegedly had a detrimental effect on their careers. The lower court ruled that the test at issue had not been properly validated and was thus not “job related” under criteria established by the Second Circuit. Further, the lower court construed the Supreme Court of the United States’ ruling in Wal-Mart v. Dukes such that certification under Rule 23(b)(2) is justified where there is “an indivisible injunction benefitting all members at once,” but is not justified where individual class members “would be entitled to a different injunction or declaratory judgment against the defendant.” Despite that setback, the plaintiffs successfully moved to recertify the class under Rule 23(b)(3) for the purposes of determining damages and other remedies. The Second Circuit affirmed the lower court’s decision by, inter alia, rejecting the BOE’s argument that it could not be held liable for complying with a “facially neutral state licensing requirement.” Further, the Second Circuit affirmed the lower court’s ruling with respect to class certification because, while during the interim of the appeal, the lower court addressed the BOE’s arguments and correctly applied the Rule 23(b)(3) standard.
On 13 July 2020, the UK Home Office published further details on the UK’s points-based system through a detailed policy statement regarding the changes to the UK immigration system due to come into effect from 1 January 2021, once freedom of movement with the European Union has ended. The document builds on the policy statement published in February 2020 and aims to provide “more detail to applicants, employers and educational institutions on the draft requirements and conditions underpinning the key immigration routes in the Points-Based System.”
The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C. could impact your business.
The rate of requests for evidence (RFEs) and denials issued for H-1B and L-1 petitions by U.S. Citizenship and Immigration Services (USCIS) is up considerably, according to a new report by the National Foundation for American Policy. The findings, which are based on data released by USCIS, corroborate what many employers had already suspected—that it is getting harder to secure work authorization for foreign nationals, even those that are highly-skilled.