Litigation

EEOC Approves Issuance of “Formal” Opinion Letter Clarifying Agency’s “Pattern-Or-Practice” Authority

During the Obama Administration, the then General Counsel of the Equal Employment Opportunity Commission (EEOC) pursued a number of novel

By |2020-09-22T14:38:07-05:009/22/2020|Categories: Agency Enforcement, Discrimination and Harassment|Tags: , , , , |Comments Off on EEOC Approves Issuance of “Formal” Opinion Letter Clarifying Agency’s “Pattern-Or-Practice” Authority

Federal Trial Court Rules in New York v. Scalia That Key Provisions of Labor Department’s New FLSA “Joint Employer” Rule Are Invalid

As we have previously reported, early this year the U.S. Labor Department (DOL) finalized new interpretive rules governing the so-called

By |2020-09-13T19:48:07-05:009/13/2020|Categories: Uncategorized|Tags: , |Comments Off on Federal Trial Court Rules in New York v. Scalia That Key Provisions of Labor Department’s New FLSA “Joint Employer” Rule Are Invalid

Growing Number of States Have Adopted Laws Protecting Employers from COVID-19 Related Lawsuits Under Certain Conditions

In an effort to encourage businesses to reopen and jump-start the economy in the wake of the COVID-19 pandemic, a

By |2020-07-19T22:10:59-05:007/19/2020|Categories: Policies and Practices, State Standards|Tags: , |Comments Off on Growing Number of States Have Adopted Laws Protecting Employers from COVID-19 Related Lawsuits Under Certain Conditions

Ruling by Federal Trial Court in Rodriguez v. P&G Finds Work-Authorized DACA Beneficiaries May Be Protected From Employment Discrimination Under “Section 1981”

A recent federal trial court decision raises the interesting question of whether beneficiaries of the Deferred Action for Childhood Arrivals

By |2020-07-19T22:08:20-05:007/19/2020|Categories: DACA/DAPA, Immigration, Work Permits|Tags: , |Comments Off on Ruling by Federal Trial Court in Rodriguez v. P&G Finds Work-Authorized DACA Beneficiaries May Be Protected From Employment Discrimination Under “Section 1981”

Ruling by Third Circuit in Eshleman v. Patrick Industries Serves as a Reminder of the Breadth of the ADA’s “Regarded As” Disabled Prong

The enactment of the Americans with Disabilities Act Amendments Act (ADAAA) in 2008 broadened the definition of who is an

By |2020-09-21T13:54:12-05:006/14/2020|Categories: Disability, Accommodations, and Leaves|Tags: , , , , |Comments Off on Ruling by Third Circuit in Eshleman v. Patrick Industries Serves as a Reminder of the Breadth of the ADA’s “Regarded As” Disabled Prong

Ruling by First Circuit in Trahan v. Wayfair Maine Confirms That ADA Does Not Protect Disabled Employee’s Misconduct

The U.S. Court of Appeals for the First Circuit recently affirmed a federal trial court’s dismissal of a plaintiff’s lawsuit

By |2020-06-07T21:45:22-05:006/7/2020|Categories: Disability, Accommodations, and Leaves|Tags: , |Comments Off on Ruling by First Circuit in Trahan v. Wayfair Maine Confirms That ADA Does Not Protect Disabled Employee’s Misconduct

Eleventh Circuit’s Post-Young Ruling in Durham v. Rural/Metro Provides Guidance on Who Is a Proper Comparator in Pregnancy Failure-To-Accommodate Case

In 2015, the U.S. Supreme Court ruled in the landmark case of Young v. UPS that a plaintiff alleging unlawful

By |2020-09-21T13:54:16-05:006/1/2020|Categories: Disability, Accommodations, and Leaves|Tags: , , , , |Comments Off on Eleventh Circuit’s Post-Young Ruling in Durham v. Rural/Metro Provides Guidance on Who Is a Proper Comparator in Pregnancy Failure-To-Accommodate Case