Constangy Webinar - DEI Audits: Tools to Enhance Your DEI Practices
OFCCP Refresh and Reset: What to Watch for in 2022
2020 OFCCP Refresh and Reset
OFCCPs New Veteran/Disability Regulations Are Now in Effect. Are You Ready?
Employers are familiar with Americans with Disabilities Act (ADA) provisions that apply to disabled employees or applicants. However, other portions of the law apply similar prohibitions against discrimination by government...more
The Supreme Court recently issued a unanimous decision in A. J. T. v. Osseo Area Schools, Independent School Dist. No. 279 that changes the standard for students pursuing disability discrimination claims against schools under...more
On June 12, 2025, the U.S. Supreme Court unanimously ruled in A.J.T. v. Osseo Area Schools that students bringing Americans with Disabilities Act (ADA) and Rehabilitation Act lawsuits against public schools should not face a...more
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
As we previously reported in our Supreme Court preview alert, this term the Supreme Court heard a lawsuit regarding what standard of liability applies when a student with a disability sues a school under the Americans with...more
Must a student with a disability prove that their school acted in “bad faith” to win a discrimination case? Until now, courts in some parts of the country said yes, requiring disabled students to meet a higher standard than...more
As the end of the term seems to be rushing towards us, the U.S. Supreme Court issued six more opinions yesterday, mostly unanimous or near unanimous....more
The Supreme Court of the United States issued six decisions today: Parrish v. United States, No. 24-275: This case addresses the procedural requirements for filing a notice of appeal after the original deadline to appeal...more
The Supreme Court of the United States granted certiorari on January 17, 2025, in A.J.T. by and through A.T. v. Osseo Area Schools, Indep. Sch. Dist. No. 279, 96 F.4th 1058 (8th Cir. 2024), cert. granted sub nom. A.J.T. v....more
Mattioda v. Nelson, 98 F.4th 1164 (9th Cir. 2024) - Summary: Disability-based harassment claims are available under the Americans with Disabilities Act and the Rehabilitation Act....more
Generally, employers cannot discriminate against employees because of the employee’s disability. There are several laws that protect against disability-based discrimination, including: the Americans with Disabilities Act...more
A recent Statement of Interest filed earlier this week by the Department of Justice in a federal prisoner lawsuit in the United States District Court for the Northern District of Georgia should serve as an important reminder...more
How does the Supreme Court of the United States’ ban on affirmative action in higher education affect government contractors? In short—it doesn’t. Covered federal contractors and subcontractors must continue to comply with...more
This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month....more
In Cummings v. Premier Rehab Keller, P.L.L.C., 142 S. Ct. 1562 (April 28, 2022) (U.S. Supreme Court) concludes that damages for emotional distress are not recoverable under the Rehabilitation Act of 1973 and the...more
Following President Biden’s Executive Order on ensuring access to reproductive health care, on July 13, 2022, HHS issued guidance to U.S. retail pharmacies regarding their obligations under federal civil rights laws. This...more
Congress has passed many laws that prohibit discrimination in many ways. Four of those statutes were passed pursuant to Congress’s authority under the Spending Clause in the U.S. Constitution....more
By holding that emotional distress damages are not recoverable under certain antidiscrimination statutes, including Title IX, the Supreme Court has limited the liability of schools facing federal discrimination claims. ...more
The Supreme Court of the United States recently held in Cummings v. Premier Rehab Keller, P.L.L.C., 142 S. Ct. 1562 (2022), that damages for emotional distress are not recoverable in actions seeking to enforce the...more
Last month, in Cummings v. Premier Rehab Keller, P.L.L.C., the Supreme Court denied a petitioner’s right to emotional distress damages in a private action brought under federal anti-discrimination laws. The Petitioner, a...more
The Supreme Court of the United States, on April 28, 2022, held that emotional distress damages are not available for private discrimination claims under the federal Rehabilitation Act of 1973 and the Affordable Care Act...more
Executive Summary: In a groundbreaking opinion authored by Chief Justice Roberts in Cummings v. Premier Rehab Keller, P.L.L.C., the United States Supreme Court held that damages for emotional distress are not recoverable in a...more
In a recent April 28, 2022 decision, the Supreme Court of the United States (SCOTUS) ruled in favor of a Texas physical therapy provider, Premier Rehab Keller, PLLC (Premier Rehab), in a suit where petitioner Jane Cummings...more
The United States Supreme Court has ruled that emotional distress damages are not available in private actions pursuant to various anti-discrimination statutes authorized under the Spending Clause of the United States...more
Jane Cummings is blind and deaf, and she chiefly communicates using American Sign Language. When Cummings sought physical therapy from Premier Rehab Keller, P.L.L.C., she asked it to provide an American Sign Language...more