Education Department Seeks Input to Strengthen Section 504 Protections for Students With Disabilities

Susan D. Friedfel is a principal in the White Plains and New York, New York, offices of Jackson Lewis P.C. Susan collaborates with clients to find practical solutions to the variety of issues that arise in the workplace. She counsels clients in various industries, including law firms, financial institutions, educational institutions and not-for-profit organizations, on a wide array of issues. She provides advice and counsel on matters such as: employee recruiting and hiring practices family and medical leave reasonable accommodations for disabilities and religion preventing and investigating harassment, discrimination and whistleblower claims wage and hour compliance discipline and termination of employees designing and implementing reductions in force An experienced litigator, Susan represents employers and management in harassment, discrimination, failure to accommodate, and wage and hour claims before federal and state courts and administrative agencies. Having substantial experience with academic institutions, Susan understands the unique issues colleges and universities face. In addition to litigating on behalf of and advising Universities regarding the employment issues discussed above, she advises clients regarding student claims of sexual harassment, sexual assault, failure to accommodate disabilities, discrimination and retaliation, as well as Title IX athletics compliance. Susan represents universities in litigation brought by students and faculty and in OCR investigations. She also advises private k-12 schools, and other organizations that regularly deal with children, with respect to appropriate policies and procedures to avoid misconduct. Professional Associations and Activities National Association of College and University Attorneys Speeches “Use of External Investigators: Managing Cost and Control” NACUA 2017 Annual Conference (Chicago, Illinois June 2017) (speaker) “Walking the Tight Rope: Sexual Misconduct Involving Employees” NACUA CLE Workshop (March 2017) (speaker) “Mind over Matter: Managing Faculty and Staff Mental Health Disabilities,” NACUA Annual Meeting (San Francisco, California June 2016) (speaker) “Making Sense: Reconciling Obligations under Title VII, Title IX and Campus Save,” NACUA Discrimination Workshop (New Orleans, Louisiana March 2015) (speaker)

Carol is committed to serving the interests of businesses, educational institutions, and other complex organizations in their efforts to eliminate discrimination and harassment and foster diversity, equity, and inclusion. She specializes in complex sexual harassment and race discrimination investigations and litigation. She has supervised and conducted hundreds of investigations, including recent high-profile sexual misconduct and harassment investigations of systemic conduct. For example, she led high-visibility federal investigations to determine whether universities handled serious sexual misconduct and sexual harassment allegations in compliance with federal laws. Post-investigation, Carol worked with institutions to develop effective and sustainable changes to increase awareness and foster a positive climate to prevent sexual misconduct and harassment. Over the course of her work as Senior Executive Service career official with the last three presidential administrations, she has also provided expert policy and legal advice regarding a federal agency’s enforcement of anti-discrimination laws. In addition, Carol interfaced with national and local advocacy groups regarding the enforcement of federal civil rights and related policies, procedures, and guidance. Carol also chaired a law firm’s discrimination practice and handled matters involving federal and state claims, including sexual harassment and other discrimination matters. As lead counsel in federal class-action discrimination lawsuits involving sex and race, race, national origin, and other protected classes, she effectively managed and monitored post-settlement and court-ordered decree implementation of remedies; and achieved positive outcomes by establishing collaborative relationships and partnerships with court masters, monitors, and experts, community groups, businesses, and local government officials. In addition, Carol led a national nonprofit organization as the vice president of advocacy, committed to achieving economic and racial justice through litigation, policy development and training. As vice president, she oversaw advocates’ work in wide range of matters, including the areas of criminal justice, housing, healthcare, workforce matters, and a special project on women’s law and policy. Carol also collaborated with regional and state advocacy organizations on leadership and diversity, equity, and inclusion efforts. Leveraging her regulatory oversight, investigation, and litigation experience and insight, Carol proactively advises clients on issues pertaining to sexual harassment, sexual misconduct, gender, LGBTQ+ identities, race, national origin, disability, and other equity-related matters. She approaches her work as a partnership with senior leadership and is mindful of engaging stakeholders. She also partners with clients to develop comprehensive compliance systems to ensure adherence to federal and state sexual harassment and discrimination laws. Carol works with a variety of clients, including corporations, nonprofits, and educational institutions, on compliance with Title VI and VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and the Americans with Disabilities Act of 1990, as amended.

Monika Zarski is an associate in the White Plains, New York, office of Jackson Lewis P.C. Her practice focuses on representing employers, including educational institutions and not-for-profit organizations, in workplace law matters, including preventive advice and counseling. Prior to joining Jackson Lewis, Monika was a litigation associate at a New England law firm where she defended businesses, municipalities, and insurance carriers in various civil liability matters. Monika also has experience working as an associate in a national accounting firm’s tax-exempt organizations group where she represented various not-for-profit organizations, including hospitals and universities, in disputes against the Internal Revenue Service and negotiated sanctions imposed by the Service. While in law school, Monika interned at a small Boston-based boutique law firm, which focused its practice on restrictive covenant and trade secret work.