NH Court enjoins part of DEI letter from DOE
The federal District Court in New Hampshire (Landya B. McCaffrey) has granted a preliminary injunction against the U.S.
MD Court stays DOE letter
A federal District Court in Maryland (Stephanie A. Gallagher) has stayed the U.S. Department of Education from implementing its February 24 “Dear Colleague” letter to educational institutions. The letter requires them to follow the Department’s interpretation of law eliminating diversity, equity and inclusion in their programs. The case was brought by the American Federation of Teachers, its Maryland affiliate, the American Sociological Association, and a public school district in Eugene, OR.
No deduction for gift of cell phone for recycling
Joseph J. Zajac, III had a bad day in the Tax Court when he failed to convince the Court that he was entitled to a series of claimed deductions for personal, business and charitable expenses. He was denied fully or partially for claims based on proceeds of a settlement claim against a municipality for his allegedly improper weekend incarceration after he was arrested on charges of assault and battery against his wife, for moving expenses, for vehicle expenses and depreciation, for meals, rent and utilities, and for gifts of furniture, clothing and tools to charity.
Manager may proceed with whistleblower claims
A product manager for a nonprofit corporation who alleged that he objected to and refused to participate in the company’s illegal activity has been permitted to proceed with whistleblower claims for retaliation under the federal False Claims Act and the Florida state whistleblower law. A federal District Court in Florida has denied the defendant’s motion to dismiss.
Is Charitable Remedial Discrimination Okay?
Law Professor argues charities can take positive race conscious steps to fix the harmful effects of racial discrimination, despite Fearless Fund case
Roger Colinvaux, a law professor at the Columbus School of Law at Catholic University and a widely recognized expert in the law of charities, has argued in an upcoming law review article that private charities generally have the right to engage in “remedial discrimination.”
He argues that the Fearless Fund case decided by a divided panel of the 11th Circuit Court of Appeals, which holds that a venture capital fund may not run an award contest open only to black women entrepreneurs (See Nonprofit Issues®, Vol. XXXIV, No. 3), was wrongly decided. It would “upend decades of precedent in charity law, place at risk millions of dollars of charitable funds set aside for the benefit of racial groups, including at religious charities, and undermine the principle of philanthropic freedom,” he says.
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IL Court requires funding for women in trades
Following up on an earlier temporary restraining order, a federal District Court in Illinois (Matthew F. Kennelly) has issued a temporary injunction prohibiting the Department of Labor from cutting off funds for training women in the building trades. The Court has ruled that the Department must fund Chicago Women in Trades, a nonprofit dedicated “to promoting diversity, equity, and inclusion within the skilled trades industry,” which receives approximately 40% of its annual budget from federal funding.
WA Court grants TRO on termination of student visa
A federal District Court in Washington (David G. Estudillo) has granted a temporary restraining order to force the Department of Homeland Security to restore the Student and Exchange Visitor Information System status of a Chinese national who lawfully entered the United States. The Court also issued an order to prevent removal proceedings.
LOI does not make enforceable pledge
A letter of intent does not create a binding pledge for a charitable contribution, according to an appeals court in Virginia. The Court has affirmed a trial court decision granting a declaratory judgment confirming that the potential donor has no obligation to fulfill its intention to give.