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Sexual-Orientation Discrimination: The Lessons for Most Employers Will Be Clear Even if Federal Law Remains Unsettled

Attitudes toward same sex relationships have experienced enormous change in recent years. Perhaps the most dramatic manifestation of this shift is the Supreme Court’s decision this June in Obergefell v. Hodges striking down...more

U.S. Supreme Court’s October 2015 Term Promises Slew of Significant Labor and Employment Cases

Each year, the U.S. Supreme Court begins its term on the first Monday in October. Although known as the “October Term,” the term in fact continues, alternating between two-week “sittings” and “recesses,” until late June or...more

U.S. Supreme Court to Rule on the EEOC’s Duty to Conciliate in Mach Mining

On January 13, 2015, the U.S. Supreme Court heard arguments in Mach Mining L.L.C. v. E.E.O.C. As we reported previously, this case raises fundamental questions concerning the EEOC’s duty to seek to resolve discrimination...more

Supreme Court Rules that Security Clearances are Non-Compensable, Handing Significant Win to Employers

The Supreme Court has now ruled in Integrity Staffing v. Busk, which we reported on last week. The court held that time spent by employees undergoing security clearances after completing their principal work activities is...more

Supreme Court Poised to Rule on Whether Time Spent in Security Screenings Is Compensable Work Under the FLSA

Security screenings have become a routine feature of many American workplaces. Whether in office buildings, airports, military installations, or retail facilities, employees must submit to metal detectors and other security...more

U.S. Supreme Court to Address the Pregnancy Discrimination Act, Even as EEOC Issues Its Own Guidance on the Same Subject

Pregnancy discrimination has generated a lot of press this summer. On July 1, the Supreme Court agreed to hear Young v. United Parcel Services, Inc., which raises fundamental questions about the protections pregnant women are...more

Harris v. Quinn Decision May Set Stage for Further Rulings Limiting Public Unions

On Monday, the U.S. Supreme Court decided Harris v. Quinn. As readers of my June 10 posting will recall, the plaintiffs in that case objected on First Amendment grounds to being required to contribute public union dues as a...more

Public Employers and Unions Hold Breath as High Court Ponders Whether Public Employees Can Be Compelled to Pay Dues

The U.S. Supreme Court will recess for the summer at the end of June. But before doing so, it must decide the remaining cases on its docket from the October 2013 term, including Harris v. Quinn. Strangely, this case has...more

EEOC Lawsuit Against CVS Could Void Standard Severance Agreement Clauses

We all know how severance agreements work. An employee suddenly finds herself out on the street. To soften the blow, the employer offers her a few additional weeks or months of salary. In exchange, the employee waives any...more

Is Conciliation Just Another Hoop or Must the EEOC Make a Meaningful Attempt at Settlement Before Commencing Litigation?

Voluntary compliance is a core component of federal anti-discrimination law. The drafters of Title VII and other anti-discrimination statutes never envisioned a regulatory system where the government would use the courts to...more

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