#WorkforceWednesday: SCOTUS Decision on LGBTQ Employees, EEOC on Older Workers Returning to Work - Employment Law This Week®
I-12: Update on the DOL's New OT Rules, and Part 2 of My Interview with Former EEOC General Counsel David Lopez
Did the Supreme Court’s unanimous decision in Ames v. Ohio Dept. of Youth Serv., 145 S.Ct. 1540 (2025), decided in June of this year, make it easier for employees to bring discrimination lawsuits against their employers? The...more
As we close out 2024 and look to 2025, I polled members of Spilman, myself included, to get their take on some of the biggest labor and employment developments from 2024 that have or will impact employers. You can find more...more
On October 2, 2023, the U.S. Equal Employment Opportunity Commission (“EEOC”) published long-anticipated proposed guidance related to workplace harassment. If adopted by the EEOC, the enforcement guidance would supersede four...more
Supreme Court Decides Freedom of Speech Trumps Public Accommodations Law In 303 Creative LLC v. Elenis, No. 21-476 (June 30, 2023), the U.S. Supreme Court reversed 6-3 the lower courts' denial of the injunction the plaintiff...more
This Littler Lightbulb highlights some of the more significant employment and labor law developments at the U.S. Supreme Court and federal courts of appeal over the last month....more
Legal precedent, including language from the U.S. Supreme Court, requires federal courts to take a broad view of the “but-for” causation standard for determining unlawful age discrimination in the workplace, Equal Employment...more
Sixth Circuit Will Not Expand Landmark Title VII Case of Bostock v Clayton County to ADEA Claims - Employers in the Sixth Circuit Gain Predictability in the Test for Determining Claims Under the ADEA... ...more
The Supreme Court’s recent opinion in Bostock v. Clayton County announced that employees are protected from discrimination based on their LGBTQ status. In reaching its historic holding, the Bostock Court engaged in an...more
Supreme Court decisions are often the most challenging pieces of legal guidance to understand. They are rarely straightforward and usually contain so much analysis that it becomes hard to get to the bottom of what was...more
Educational institutions across the nation are grappling with decisions on returning teachers, staff and administrators to work for the academic year 2020-2021 in the midst of the COVID-19 pandemic. Each institution must...more
It’s #WorkforceWednesday. This week, we saw a landmark employment law decision and received clarifications on return-to-work issues involving older workers. Here’s the top news: SCOTUS Rules Title VII Protects LGBTQ...more
Taking a three-year look back at the Supreme Court’s workplace law decisions gives you the sense that the exciting cases only come down every other year. In the ho-hum term that ended in 2017, the Court handled relatively...more
Perhaps the most shocking aspect of employment-related cases from the 2018-2019 Supreme Court term that just wrapped up was the number of unanimous decisions – seven of the eight rulings – were agreed upon by all of the...more
On November 6, 2018, the Supreme Court issued its decision in Mount Lemmon Fire District v. Guido, 2018 WL 5794639 (2018), and held that state and local governments of any size are covered under the Age Discrimination in...more
It’s hard to keep up with the news these days. It sometimes feels like you can’t step away from your phone, computer, or TV for more than an hour or so without a barrage of new information hitting the headlines—and you’re...more
In its first ruling of the new term, the United States Supreme Court unanimously sided with the Ninth Circuit in holding that the Age Discrimination in Employment Act (ADEA) applies to all states and political subdivisions...more
On Tuesday November 6, 2018, the U.S. Supreme Court unanimously ruled that the Age Discrimination in Employment Act (“ADEA”) applies to state and local government employers with fewer than 20 employees. ...more
In a recent 8-0 decision, the U.S. Supreme Court upheld a Ninth Circuit Court of Appeals decision holding the Age Discrimination in Employment Act (ADEA) applies to public employers of any size....more
U.S. Supreme Court Rules That All States and Political Subdivisions Must Comply With the Age Discrimination in Employment Act, Regardless of Size - Due to a recent decision by the United States Supreme Court in Mount...more
On November 6, 2018, the Supreme Court of the United States ruled that the Age Discrimination in Employment Act of 1967 (ADEA) applies to all states and political subdivisions—regardless of their size. In an opinion that...more
The Supreme Court of the United States issued the following decision today: Mount Lemmon Fire Dist. v. Guido, No. 17-587: The Age Discrimination in Employment Act of 1967 (“ADEA”), applies to “employers,” which are defined...more
In the case of DiFiore v. CSL Behring, LLC, the Third Circuit ruled for the first time that the more demanding “but for” causation standard applies to retaliation claims under the False Claims Act (“FCA”), rejecting the lower...more
Michael Schmidt, Vice Chair of Cozen O’Connor’s Labor & Employment Department, discusses current employment law news, trends, developments and guest analysis. This episode provides an update on the DOL's significant Request...more
Several recent Supreme Court decisions have upended causation standards in the statutory alphabet soup of federal remedial rights. It is now clear that “but for” causation governs discrimination claims under the Age...more
In a recent holding, the U.S. Supreme Court determined that discrimination claims under the Fair Housing Act (FHA) may be premised on "disparate impact," meaning that a plaintiff may challenge a practice even if it was not...more