In a 6-3 opinion, the U.S. Supreme Court partially stayed the nationwide injunctions issued by three district courts against enforcement of President Donald Trump’s executive order (EO) fundamentally changing birthright...more
6/30/2025
/ Citizenship ,
Class Certification ,
Constitutional Challenges ,
Employer Liability Issues ,
Employment Litigation ,
Enforcement Actions ,
Executive Orders ,
Federal Judiciary ,
Government Agencies ,
Immigration Reform ,
Injunctions ,
Judicial Authority ,
SCOTUS ,
Trump Administration ,
Trump v CASA
Do former employees have the right to sue their previous employer under Title I of the Americans with Disabilities Act (ADA) for discrimination in the administration of post-employment fringe benefits? Resolving a circuit...more
6/24/2025
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Disability Discrimination ,
Employee Benefits ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Former Employee ,
Health Insurance ,
Motion to Dismiss ,
Reasonable Accommodation ,
Retirement ,
SCOTUS ,
Stanley v City of Sanford Florida ,
Statutory Interpretation ,
Subsidies ,
Title I ,
Title VII
On June 12, 2025, the U.S. Supreme Court issued a unanimous opinion in A. J. T. v. Osseo Area Schools, No. 24-249, holding that discrimination claims brought under Section 504 of the Rehabilitation Act of 1973 and Title II of...more
6/18/2025
/ Administrative Law Judge (ALJ) ,
AJT v Osseo Area Schools Independent School District No 279 ,
Americans with Disabilities Act (ADA) ,
Bad Faith ,
Disability Discrimination ,
Educational Institutions ,
Employment Litigation ,
Failure to Accommodate ,
IDEA ,
Judicial Authority ,
Reasonable Accommodation ,
Rehabilitation Act ,
School Districts ,
SCOTUS ,
Section 504 ,
Standard of Proof ,
Statutory Interpretation ,
Students ,
Title II
On June 5, 2025, the U.S. Supreme Court invalidated the “background circumstances” rule in “reverse” employment discrimination claims brought under Title VII of the Civil Rights Act in a unanimous decision overturning...more
6/6/2025
/ Ames v Ohio Department of Youth Services ,
Civil Rights Act ,
Disparate Treatment ,
Employment Discrimination ,
Employment Litigation ,
Muldrow v City of St Louis ,
Pleading Standards ,
Reverse Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Summary Judgment ,
Title VII
A federal district court in Texas on May 15, 2025, vacated the gender identity parts of the 2024 Equal Employment Opportunity Commission (EEOC) Enforcement Guidance on Harassment in the Workplace (the EEOC Guidance). The...more
5/30/2025
/ Constitutional Challenges ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Labor Laws ,
Gender Identity ,
Harassment ,
Sex Discrimination ,
State Labor Laws ,
Statutory Interpretation ,
Texas ,
Title VII
President Donald Trump issued the “Restoring Equality of Opportunity and Meritocracy” executive order (EO) on April 23, 2025. The stated purpose of the EO is “to eliminate the use of disparate-impact liability in all contexts...more
On April 15, 2025, the United States District Court for the District of North Dakota issued its decision granting partial summary judgment to the Catholic Benefits Association, on behalf of its members and the Bismarck...more
One year into the COVID-19 pandemic, U.S. courts are wrestling with a growing number of new legal theories related to COVID-19. Not surprisingly, California – the most populous state with some of the most employee friendly...more
3/5/2021
/ Coronavirus/COVID-19 ,
Dismissals ,
Diversity Jurisdiction ,
Employer Liability Issues ,
Employment Litigation ,
Immunity ,
Infectious Diseases ,
Negligence ,
Occupational Exposure ,
Workers' Compensation Claim ,
Workplace Safety
As we enter flu season (in the midst of a national spike in COVID-19 cases), and it now appears that a COVID-19 vaccine is on the horizon, employers are struggling with whether they should require employees to be vaccinated...more
11/13/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Flu Shot Rule ,
Infectious Diseases ,
OSHA ,
Unions ,
Vaccinations ,
Workplace Safety