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Private Education Matters: March 2026

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cases we are watching

• A Michigan federal jury awarded $1.8 million to a Muslim teacher who was terminated after refusing to remove her religious veil while teaching, finding the employer failed to provide a reasonable accommodation. The employer, a nonprofit organization that provides education and social services to Arab immigrants, argued that showing facial expressions was necessary for instruction, but the jury concluded that alternatives, such as teaching an all-female class, would not have imposed an undue hardship. The verdict included compensatory and punitive damages under both Title VII and Michigan law, and the employer has indicated it plans to appeal.

• A Massachusetts federal court is considering whether to dismiss a challenge to Boston’s selective “exam school” admissions policy, which uses a socioeconomic tier system to allocate seats based on factors such as GPA and standardized test scores. The lawsuit alleges the policy disadvantages white students by grouping many of them into the same tier and reducing their share of admissions, while the school district argues that white students remain overrepresented compared to the overall school-age population. The case follows a prior First Circuit decision upholding an earlier admissions model that used zip codes to promote socioeconomic diversity.

• California State University has filed suit against the U.S. Department of Education challenging findings that San José State University violated Title IX by allowing a transgender student-athlete to compete on its women’s volleyball team. The lawsuit seeks to block potential loss of federal funding and argues the university followed then-applicable law and Ninth Circuit precedent, while the federal government contends such policies violate Title IX. The case reflects a broader legal conflict over how Title IX applies to transgender students and the extent of federal enforcement authority.

Consortium Call Of The Month

LCW has four private education consortiums across the State! Consortium members enjoy access to quality training throughout the year, discounts on other LCW products and events, and unlimited, complimentary telephone and email consultation with an LCW private education attorney on matters related to employment and education law questions (including business & facilities questions and student issues!) We’ve outlined a recent consortium call and the provided answer below. Client confidentiality is paramount to us; we change and omit details in the Consortium Call of the Month.

Question:

The Human Resources Director at a private high school contacted LCW with a question about lunch breaks for non-exempt employees. The HR Director explained that some non-exempt employees voluntarily take a lunch break that is later than the 5th hour of work in order to run an errand or attend an appointment. The HR Director was looking for guidance about whether this is acceptable under wage and hour laws.

Answer:

The LCW attorney advised that under wage and hour laws, the only reason a non-exempt employee can voluntarily waive their lunch break is if their total shift is less than 6 hours. However, they are not permitted to simply decide to take a lunch break that is beyond the 5th hour for reasons of convenience. Employees are also allowed to work through lunch in limited circumstances where the nature of their job prohibits them from being able to break, but the LCW attorney advised that this does not seem to be the case here and it is very rare in the private school setting that this exception could apply. In addition, in such cases there needs to be documentation, and the non-exempt employee still must be paid for that time.

Liebert Cassidy Whitmore

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