Nonprofit association eligible for EAJA fees
A nonprofit association that prevails in litigation with the government is eligible to recover legal fees under the Equal Access to Justice Act (“EAJA”) on the basis of the number of employees the Association has, not the number of employees its members have, the federal District Court in Massachusetts (Brian E. Murphy) has ruled.
Right to Sue expires 90 days after EEOC emails notice
An individual’s right to sue for discrimination under Title VII of the Civil Rights Act expires 90 days after the Equal Employment Opportunity Commission emails its Right to Sue letter to the complainant, not 90 days after the complainant reads the notice, a federal District Court in Tennessee has held. It has dismissed a series of claims by a nonprofit employee who filed her complaint in court on the 90th day after she read the notice, which was the 91st day after it was emailed.
Penn State Trustee Is Employee Not Protected from Retaliation
A federal District Court in Pennsylvania has ruled that an alumni trustee on the Board of Pennsylvania State University is a “public employee” who can be removed from office by the Board and not a “public official” who cannot be retaliated against for exercising his free speech rights under the Constitution. It has dismissed former trustee Barry J. Fenchak’s claim that he was “deliberately retaliated against” for his “exercise of speech.”
Bank not liable for phishing fraud at charity
A charity that lost $2 million when a “fraud prevention officer” was able to take over its computer system and authorize 14 wire transfers in 33 minutes has lost its claim against the bank that made the transfers. A federal District Court in Michigan has ruled that the bank did not violate any of its agreements with the charity.
Does university have duty to protect student from hazing death?
Does a university have a special relationship with a student fraternity sufficient to impose a duty on the university to protect a student who died from acute alcohol poisoning following a fraternity hazing ritual?
IRS proposes school nondiscrimination rules
The Trump Administration has proposed new regulations to prohibit racial considerations in scholarships and other administrative policies in educational institutions and to remove the tax-exempt status for any institution failing to comply.
Certificate of incorporation controls over bylaws
When Sri Shirdi Sai Baba Temple of Austin (TX) was incorporated as a nonprofit religious institution in 2007, its certificate of formation vested management of the Temple in its board of directors and provided that it would have no members. Its bylaws provided that corporate management was vested in its board, which would select new directors by vote of the board.