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Executive Orders Supreme Court of the United States Employment Litigation

Littler

What Employers Need to Know About the Fate of Wider Relief After Trump v. CASA, Inc.

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On June 27, 2025, in Trump v. CASA, Inc., the U.S. Supreme Court held that universal injunctions—injunctions that prohibit the federal government from enforcing a law, regulation, order, or policy to any person, not just the...more

Jackson Lewis P.C.

Mid-Year 2025

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The last six months have been a tumultuous time for employers. The pace and degree of change is creating new challenges — and ongoing uncertainty. Our Mid-Year 2025 report sifts through the volume of federal-level executive...more

ArentFox Schiff

Supreme Court Greenlights Trump Administration’s Federal Workforce Restructuring Plan

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On July 8, the US Supreme Court allowed President Trump’s executive order (EO) permitting Department of Government Efficiency (DOGE)-related planning efforts for the Trump Administration’s restructuring of the federal...more

Parker Poe Adams & Bernstein LLP

Supreme Court Decision on Nationwide Injunctions Will Have Long-Term Impacts on Employers

At the end of its latest term last month, the U.S. Supreme Court issued a major decision regarding the ability of federal district courts to issue nationwide injunctions blocking executive branch regulations and executive...more

Ice Miller

Practical Impact of the U.S. Supreme Court’s Injunction Ruling on Employers

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On June 27, 2025, the United States Supreme Court issued a ruling in the case of Trump v. CASA, Inc. that limited the power of federal district courts to issue universal injunctions....more

Gould + Ratner LLP

How Could the Lower Courts’ Loss of Nationwide Injunction Power Impact Your Business?

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On June 27, 2025, the Supreme Court issued its decision on review of three federal court orders that have blocked—on a nationwide basis—implementation of President Trump’s executive order restricting so-called “birthright...more

FordHarrison

Supreme Court Limits the District Courts' Ability to Issue Universal Injunctions Against Executive Orders and Agency Action

FordHarrison on

In a decision issued on June 27, 2025, Trump v. CASA, Inc. (a 6-3 ruling), the U.S. Supreme Court held that federal District Courts lack authority to grant universal injunctions. In CASA, the United States District Courts for...more

Jackson Lewis P.C.

SCOTUS’s CASA Decision Ends Nationwide Injunctions, Creating Uncertainty Around Enforcement of Executive and Agency Actions

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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

Vinson & Elkins LLP

Supreme Court Sides with Heterosexual Woman: Majority Plaintiffs and Minority Group Plaintiffs Alike Need the Same Evidence of...

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On June 5, 2025—in the midst of heightened scrutiny of diversity, equity, and inclusion (“DEI”) initiatives triggered by executive orders issued by President Trump as well as various federal agency guidance—the Supreme Court...more

Morgan, Brown & Joy, LLP

Supreme Court Clarifies Standard for So-Called “Reverse” Discrimination Claims

On June 5, 2025, the Supreme Court held that majority group plaintiffs do not have to meet a higher evidentiary standard than minority group plaintiffs to support their discrimination claims under federal law. In Ames v. Ohio...more

Troutman Pepper Locke

Water Cooler Talk: ‘Late Night’ Shows DEI Is More Than Optics

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The 2019 film “Late Night,” written by and starring Mindy Kaling, tells the story of a late-night talk show host, Katherine Newbury, played by Emma Thompson, whose all-male, all-white writing staff scrambles to add a female...more

Williams Mullen

Supreme Court Rejects Heightened Evidentiary Standards for So-Called “Reverse Discrimination” Claims

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On June 5, 2025, the U.S. Supreme Court unanimously held that plaintiffs bringing discrimination claims under Title VII of the Civil Rights Act of 1964 (Title VII) cannot be required to satisfy a heightened evidentiary...more

Morrison & Foerster LLP

U.S. Supreme Court Reconciles Circuit Split Regarding Standard for “Reverse Discrimination” Claims

On June 5, 2025, the U.S. Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services, rejecting the “background circumstances” requirement multiple circuit courts of appeals have applied to Title...more

Paul Hastings LLP

Supreme Court Rejects ‘Background Circumstances’ Rule for Title VII Claims Brought by Members of Majority Groups

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On June 5, the Supreme Court decided Ames v. Ohio Department of Youth Services, holding unanimously that members of majority groups suing their employers under Title VII of the Civil Rights Act of 1964 (Title VII) are not...more

ArentFox Schiff

Federal Court Strikes Down Key Portions of EEOC Harassment Guidance

ArentFox Schiff on

On May 15, a Texas federal court vacated portions of the Equal Employment Opportunity Commission’s (EEOC) Enforcement Guidance on Harassment in the Workplace, concluding that the agency’s expanded interpretation of “sex”...more

Littler

Policy Week in Review – May 2025 #3

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Supreme Court Allows Trump Firing of NLRB Member Wilcox - Late Thursday, the Supreme Court issued an order that essentially extends a previous order issued by Chief Justice John Roberts in April that barred National Labor...more

McAfee & Taft

Steadying the ship: What employers need to know about navigating the CHNV program’s turbulent waters

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The CHNV Parole Program, a significant humanitarian initiative, allows nationals from Cuba, Haiti, Nicaragua, and Venezuela (CHNV) to temporarily enter the United States. Designed to address urgent humanitarian needs, the...more

Ballard Spahr LLP

New (Old) Battlegrounds: The Administration’s Targeting of Transgender Rights

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Within the last two months, both the Equal Employment Opportunity Commission (EEOC) and the armed services have followed Trump Administration directives to narrow or eliminate protections for transgender individuals....more

Epstein Becker & Green

Disparate Impact Liability Under Fire

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On Wednesday, April 23, 2025, President Trump signed EO 14281, titled Restoring Equality of Opportunity and Meritocracy (EO), stating a new Trump Administration policy “to eliminate the use of disparate-impact liability in...more

Frantz Ward LLP

Trump Attempts to Eliminate Disparate Impact Theory via Recent Executive Order

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The disparate impact theory has long been used to argue that an employer’s facially neutral policy has a detrimental effect on a protected class of individuals. An often cited example is the use of an arrest to reject an...more

Mintz - Employment Viewpoints

The Intersection Between Corporate Free Speech Rights and the Recent DEI Executive Orders

As summarized in detail here, President Trump’s recent executive order entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the “Order”) takes aim at non-compliant Diversity, Equity and Inclusion...more

Haynsworth Sinkler Boyd, P.A.

What Employers Need to Know About Shifting Caselaw and Legislation

As employers navigate the complexities of a new political era and evolving regulatory framework, staying ahead of these changes isn't just advisable — it's essential. Several executive actions have already influenced...more

Perkins Coie

Supreme Court Declines to Hear Tenth Circuit Case Challenging President’s Procurement Act Authority

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The Biden-era effort to raise the minimum wage for employees of federal contractors will not, for now, get a final say by the Supreme Court of the United States. Rather, legal challenges will continue to muddy the issue...more

King & Spalding

President Trump Shakes Up the NLRB

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On January 27, 2025, President Trump terminated National Labor Relations Board (“NLRB”) General Counsel Jennifer A. Abruzzo and Board Member Gwynne Wilcox. While Abruzzo’s termination was widely anticipated, Wilcox’s...more

Husch Blackwell LLP

President Trump Fires NLRB General Counsel Abruzzo and Removes NLRB Member Gwynne Wilcox

Husch Blackwell LLP on

Between the close of business on Monday, January 27 and the following morning, President Trump discharged Jennifer Abruzzo from her duties as the general counsel for the National Labor Relations Board. Jessica Rutter was...more

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