James G. Ryan

James G. Ryan

Cullen and Dykman LLP

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Obergefell Decision Opens The Door For Anti-Discrimination Litigation

On June 26, 2015, on the second anniversary of United States v. Windsor, the United States Supreme Court, in a 5-4 decision, held that under the Fourteenth Amendment no state could deny same-sex couples the right to marry or...more

7/9/2015 - Anti-Discrimination Policies Benefit Plan Sponsors DOMA Equal Protection ERISA Fourteenth Amendment Marriage Marriage Equality Obergefell v. Hodges Same-Sex Marriage SCOTUS Spouses US v Windsor

Supreme Court Rules Against Abercrombie & Fitch in Religious Discrimination Case

In a previous blog post we discussed the facts, and potential consequences of a pro-plaintiff holding in Equal Employment Opportunity Commission v. Abercrombie & Fitch Store, Inc. As a brief recap, in 2008, Samantha Elauf, a...more

7/9/2015 - Abercrombie & Fitch Disparate Impact Disparate Treatment EEOC EEOC v Abercrombie Hiring & Firing Reasonable Accommodation Religious Discrimination SCOTUS Title VII

U.S. Supreme Court to Hear Oral Argument This Week in Abercrombie Discrimination Case

Another year has begun and it seems like the debate over Abercrombie and Fitch’s employee dress code policy shows no indication of stopping. Only this time – the U.S. Supreme Court is getting involved....more

2/25/2015 - Dress Codes EEOC v Abercrombie Hiring & Firing Oral Argument Religious Clothing SCOTUS Title VII

U.S. Supreme Court Addresses Disparate Impact Liability Under the Fair Housing Act

On January 21, 2015, the U.S. Supreme Court heard oral argument in Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Docket No. 13-1371, a case that focuses on whether claims based on...more

1/29/2015 - ADEA Age Discrimination Commercial Property Owners Commercial Real Estate Market DHCA v Inclusive Communities Project Discrimination Disparate Impact Oral Argument Race Discrimination Residential Property Owners Residential Real Estate Market SCOTUS Title VII

The Pregnancy Discrimination Act – Granting Equal Rights to Being Treated Poorly?

In 1978 Congress enacted the Pregnancy Discrimination Act (“PDA”) to amend Title VII of the Civil Rights Act of 1964 to prohibit sex discrimination on the basis of pregnancy. Why then in 2014, over forty-five years later, is...more

12/9/2014 - Certiorari EEOC Employer Liability Issues PDA SCOTUS Sex Discrimination Title VII Young v United Parcel Service

Supreme Court to Protect Information on Cell Phones

The digital age has created a world in which over-sharing is the norm and electronic devices are capable of storing significant amounts of one’s personal information. However, in an important step to protect the privacy of...more

7/17/2014 - Cell Phones Evidence Fourth Amendment Law Enforcement Riley v California SCOTUS Search Warrant

Supreme Court holds that the “Contraception Mandate” of the Affordable Care Act violates the Religious Freedom Restoration Act

On June 30, 2014, the Supreme Court issued its highly-anticipated decision in the matters of Burwell v. Hobby Lobby Stores, Inc. and Conestoga Wood Specialties Corp. v. Burell. In each of these cases, for-profit corporations...more

7/10/2014 - Affordable Care Act Burwell v Hobby Lobby Contraceptive Coverage Mandate Contraceptives Hobby Lobby Religious Exemption Religious Freedom Restoration Act SCOTUS

Supreme Court Upholds Strict Scrutiny Standard In Affirmative Action

On June 24, 2013, the Supreme Court in Fisher v. University of Texas reaffirmed that the strict scrutiny standard of review applies when evaluating a university’s affirmative action admissions program. On these grounds, by a...more

10/17/2013 - Affirmative Action College Admissions Diversity Fisher v University of Texas SCOTUS Strict Scrutiny Standard Universities University of Texas

DOMA’s Tax Benefit Implications

In 1996, President Bill Clinton signed DOMA into law. Section 3 of DOMA defines “marriage” as a legal union between one man and one woman, and defines “spouse” as a husband or wife of the opposite sex. However, on June 26,...more

9/3/2013 - DOMA Employer Group Health Plans Marriage Same-Sex Marriage SCOTUS Tax Benefits US v Windsor

Supreme Court Narrows Scope Of Employer’s Liability For Title VII Claims Against Co-workers

On June 24, 2013 in the case Vance v. Ball State University, the Supreme Court defined the scope of supervisory status as it applies to harassing co-workers under Title VII of the Civil Rights Act of 1964 (“Title VII”). ...more

7/18/2013 - Adverse Employment Action Civil Rights Act EEOC Harassment Hiring & Firing Retaliation SCOTUS Supervisors Title VII Vance v. Ball State University

Supreme Court Decides Kloeckner v. Solis

On December 10, 2012 the U.S. Supreme Court issued a unanimous decision in Kloeckner v. Solis holding that “[a] federal employee who claims that an agency action appealable to the MSPB violates an antidiscrimination statute...more

1/25/2013 - Administrative Appeals Appeals Civil Service Reform Act Discrimination DOL EEOC Federal Employees Judicial Review Merits Systems Protection Board Mixed Motive Cases SCOTUS Split of Authority Subject Matter Jurisdiction Termination

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