News & Analysis as of

Employer Liability Issues Petition for Writ of Certiorari

Cranfill Sumner LLP

The Incomplete Guide to Religious and Title VII Accommodations

Cranfill Sumner LLP on

The Supreme Court’s decision in Groff v. Dejoy is a consequential case for employers facing religious accommodation requests. The Court held that an employer facing such requests does not need to follow the “undue hardship”...more

Bass, Berry & Sims PLC

Supreme Court Strengthens Burden in Religious Accommodation Requests

The Supreme Court recently ruled that the burden an employer must meet in denying a requested religious accommodation is “substantial” and not merely “de minimis.”  Employers will now have a harder time denying religious...more

Steptoe & Johnson PLLC

The Supreme Court of the United States Clarifies Title VII’s ‘Undue Hardship’ Standard for Religious Accommodations

On June 29, 2023, in a unanimous decision in Groff v. DeJoy, Postmaster General, the Supreme Court of the United States clarified Title VII’s “undue hardship” standard for employers denying religious accommodations. The Court...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Eleventh Circuit Holds Adverse Employment Action Is Required in ADA Failure-to-Accommodate Claim

Under the Americans with Disabilities Act (ADA), “[n]o covered entity shall discriminate against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge...more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Grants Review on Proof Needed in Sarbanes-Oxley Anti-Retaliation Claim

The Supreme Court granted the petition for writ of certiorari in Murray v. UBS Securities LLC et al., No. 20-4202 (2d Cir. 2022), a case with important implications for claims brought under Sarbanes-Oxley’s anti-retaliation...more

Davis Wright Tremaine LLP

OSHA Vaccine Mandate: Time for Employers to Prepare

OSHA's Vaccination and Testing Emergency Temporary Standard (ETS) is back in effect following a ruling by the 6th Circuit Court of Appeals on Friday, December 17. At its core, the ETS requires private employers with 100 or...more

Dickinson Wright

Private Employer Vaccine Mandate Moves Forward as Sixth Circuit Dissolves Fifth Circuit’s OSHA ETS Stay

Dickinson Wright on

On December 17, 2021, the United States Court of Appeals for the Sixth Circuit, which was chosen via lottery as the federal appellate court to decide whether the OSHA ETS, i.e., the private employer vaccine mandate, would go...more

Robinson+Cole Manufacturing Law Blog

Supreme Court to Hear Arguments on Two Federal Vaccine Mandates

On December 21, 2021, the U.S. Supreme Court took its first step into the fray over federal vaccine mandates. As we have previously posted, legal challenges to the Biden administration’s various vaccine mandates have been...more

Franczek P.C.

And They’re Back: Sixth Circuit Lifts Stay on OSHA’s ETS Regarding Mandatory Vaccination or Testing

Franczek P.C. on

On December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit lifted the stay of the Occupational Safety and Health Administration (“OSHA”) Emergency Temporary Standard (“ETS”) which had previously been halted by the...more

Burr & Forman

Litigation Update: OSHA Emergency Temporary Standard for Employee COVID-19 Vaccination and Testing is Back in Effect

Burr & Forman on

On December 17, 2021, a 2-1 ruling from a three-judge panel of the Sixth Circuit Court of Appeals lifted a stay on the Occupational Safety and Health Administration’s COVID-19 vaccination and testing Emergency Temporary...more

Quarles & Brady LLP

The Rollercoaster Continues to Roll: Federal Vaccine Mandates Back On?

Quarles & Brady LLP on

We recently provided updates on the complex and unsettled legal landscape surrounding the various federal vaccine mandates in an FAQ, “Vaccination Mandates: The Latest on OSHA’s Emergency Temporary Standard, Other Mandatory...more

Manatt, Phelps & Phillips, LLP

Breaking News: Court Lifts Stay on OSHA ETS Vaccine Mandate

Late on Friday, December 17, 2021, the Court of Appeals for the Sixth Circuit ended the Fifth Circuit’s stay of OSHA’s COVID-19 vaccination and testing Emergency Temporary Standard (ETS), which applies to employers with 100+...more

Bodman

Stay Lifted: OSHA Prepares to Enforce Its Vaccinate-or-Test ETS

Bodman on

On Friday, December 17, 2021, the Sixth Circuit Court of Appeals dissolved the stay that previously barred the Occupational Safety and Health Administration (“OSHA”) from enforcing its Emergency Temporary Standard (“ETS”),...more

CDF Labor Law LLP

National COVID Vax Mandate Will Be In Effect January 10 – At Least for Now

CDF Labor Law LLP on

On December 17, 2021, the Sixth Circuit Court of Appeals granted the Biden administration’s Motion to Dissolve the stay on the Occupational Safety and Health Administration’s (Fed/OSHA) COVID-19 Vaccination and Testing...more

FordHarrison

OSHA's COVID-19 Mandate Reinstated by Sixth Circuit

FordHarrison on

Late Friday, December 17, 2021, the 6th U.S. Circuit Court of Appeals granted the government’s motion to lift the stay on the OSHA COVID-19 mandate imposed by the Fifth Circuit on November 6, 2021....more

Polsinelli

Stay of OSHA Emergency Temporary Standard Lifted By Sixth Circuit – “All Systems Go,” For Now…

Polsinelli on

A divided panel of the United States Court of Appeals for the Sixth Circuit lifted the stay on the Occupational Safety and Health Association’s Emergency Temporary Standard (“OSHA ETS”) late Friday night (December 17, 2021)....more

Littler

Friday Night Fights – What Just Happened to the OSHA and Federal Contractor Vaccine Mandates?

Littler on

On the evening of December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit dissolved the Fifth Circuit’s stay of the federal Occupational Safety and Health Administration (OSHA) COVID-19 Emergency Temporary Standard...more

Robinson+Cole Environmental Law +

Sixth Circuit Revives OSHA COVID-19 Emergency Temporary Standard

On Friday, the U.S. Court of Appeals for the Sixth Circuit lifted a stay of OSHA’s Emergency Temporary Standard (ETS) on COVID-19 vaccination and testing for employers with 100 or more employees. As we previously posted, the...more

Proskauer - Law and the Workplace

Sixth Circuit Panel Dissolves Stay of OSHA Vaccine/Testing Mandate

On December 17, 2021, the Sixth Circuit Court of Appeals, in a 2-1 decision, dissolved the stay previously placed on OSHA’s Emergency Temporary Standard (“ETS”) by the Fifth Circuit. The ETS mandates employers with 100 or...more

Stinson LLP

Sixth Circuit Dissolves Stay of OSHA ETS: What Does it Mean for Employers?

Stinson LLP on

The saga of the Occupational Safety and Health Administration's (OSHA) Emergency Temporary Standard (ETS) continues. On Friday night, December 17, a three-judge panel of the Sixth Circuit Court of Appeals issued an Opinion...more

Manatt, Phelps & Phillips, LLP

U.S. Supreme Court to Review California’s Ban on PAGA Waivers

In a major turn of events for California employers, on December 15, 2021, the U.S. Supreme Court granted certiorari in a case that challenges California’s ban on arbitration agreements that limit employees’ right to sue their...more

Manatt, Phelps & Phillips, LLP

The Battle Continues: Prop 22 Struck Down, AB 5 Appealed

The long-running battle over the classification of workers as independent contractors or employees in California continues, with a trial court judge striking down Proposition 22 and an appeal to the U.S. Supreme Court to...more

DirectEmployers Association

OFCCP Week In Review: February 2020 #3

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Parker Poe Adams & Bernstein LLP

Eighth Circuit Affirms Attorneys Fees Award Against EEOC Based on Frivolous Claims

In 2007, the Equal Employment Opportunity Commission filed suit against a trucking company, alleging a pattern and practice of sexual harassment affecting a class of 270 female employees. The district court dismissed the...more

FordHarrison

Supreme Court Agrees to Consider Conflict Over Title VII Administrative Exhaustion Requirement

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The U.S. Supreme Court recently agreed to consider whether federal courts have the authority to waive a Title VII plaintiff’s failure to exhaust administrative remedies before the EEOC, or state equivalent, before filing a...more

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