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
The U.S. Supreme Court has held that a federal regulation can be challenged on its face long after the rule is issued by an agency. Corner Post, Inc. v. Bd. of Governors of the Federal Reserve System, No. 22-1008 (July 1,...more
The U.S. Supreme Court has overturned the decades-old Chevron doctrine of judicial deference to a federal agency’s interpretation of an ambiguous statute. Loper Bright Enters. v. Raimondo, No. 22-451, and Relentless, Inc. v....more
7/1/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Corporate Counsel ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Magnuson-Stevens Act (MSA) ,
National Marine Fisheries Service ,
NLRB ,
Pregnant Workers Fairness Act ,
Reasonable Accommodation ,
Regulatory Authority ,
Relentless Inc v US Department of Commerce ,
SCOTUS ,
Statutory Interpretation ,
Vessels
In a year in which we saw a record number of religious accommodation charges and lawsuits, the Supreme Court has “clarified” the religious accommodation standard that employers and the EEOC have relied upon for more than 46...more
The U.S. Supreme Court is set to consider whether its own definition of “undue hardship” with respect to religious accommodation requests, which employers have relied upon for more than 45 years, remains valid when it hears...more
As many expected based on the draft opinion that was leaked months ago, the U.S. Supreme Court has held the U.S. Constitution does not protect the right to obtain an abortion....more
The Occupational Safety and Health Administration (OSHA) has withdrawn its enforcement of the Emergency Temporary Standard (ETS) requiring most employers to mandate COVID-19 vaccines or tests for employees...more
In a 6-3 ruling, the U.S. Supreme Court has granted a temporary stay of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS).
The Court described the standard as a “blunt...more
1/14/2022
/ Americans with Disabilities Act (ADA) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
General Duty Clause ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Title VII ,
Vaccinations ,
Virus Testing
The U.S. Supreme Court has scheduled expedited arguments on the U.S. Court of Appeals for the Sixth Circuit’s decision to lift the Fifth Circuit’s stay of the Occupational Safety and Health Administration’s (OSHA) Emergency...more
The U.S. Court of Appeals for the Sixth Circuit has lifted the Fifth Circuit’s stay of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS) on COVID-19 vaccination and testing for...more
In case your news and twitter accounts are down, and you otherwise have not heard the news ... President Trump has nominated Judge Gorsuch from the U.S. Court of Appeals for the Tenth Circuit to fill Justice Antonin Scalia’s...more