News & Analysis as of

Reversal National Origin Discrimination

Parker Poe Adams & Bernstein LLP

Fourth Circuit Reverses Dismissal of Age Discrimination Claim by Recent Hire

The "Same Actor Inference" is a legal principle that recognizes the logical gap when an employee alleges that they were terminated based on membership in a protected classification, by a manager who recently hired them with...more

Bradley Arant Boult Cummings LLP

The Italian Job: Fifth Circuit Confirms Pleading Standard for National Origin Discrimination Claim

Employment law is full of burden-shifting, prima facie standards and evidentiary hurdles. Sometimes, even the courts apply the wrong standard at the wrong stage of a case. That appears to be what happened in the case of...more

Fisher Phillips

Federal Appeals Court Expands Joint Employer Liability Theory For Agricultural Employers

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A federal appeals court just announced a sweeping change for agricultural employers that will make it easier for workers to bring discrimination claims against them under a joint employment theory. In last week’s EEOC v....more

Harris Beach PLLC

Analysis: Supreme Court Decision on Trump’s Travel Ban

Harris Beach PLLC on

On June 26, 2018, the Supreme Court of the United States held, in Trump v. Hawaii, 585 U.S. ___ (2018), that President Trump’s September 2017 Proclamation announcing the travel ban was a lawful exercise of his executive...more

Seyfarth Shaw LLP

The Anatomy Of The Travel Ban

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The Supreme Court affirmed President Trump’s authority to ban certain foreign nationals from entering the country, finding that such travel restrictions are justified based on national security concerns....more

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

Supreme Court Preserves Trump Travel Ban in Nod to Presidential Authority

In a 5-4 decision, the Supreme Court of the United States upheld the legality of President Trump’s Proclamation No. 9645, commonly known as the travel ban, holding that the restrictions imposed by the policy are “squarely...more

Tarter Krinsky & Drogin LLP

President Trump’s Travel Ban Approved By U.S. Supreme Court

Earlier this week, the U.S. Supreme Court issued its opinion of Trump v. Hawaii, the case on the third iteration of President Trump’s travel entry ban. This version of the ban was issued as a presidential proclamation in...more

Littler

SCOTUS Upholds Travel Restrictions

Littler on

On June 26, 2018, the Supreme Court of the United States upheld the travel ban implemented by the Trump Administration in September 2017. This travel ban was the third permutation after two other travel bans failed to...more

Mintz

US Supreme Court Upholds Latest Travel Ban

Mintz on

The US Supreme Court issued a decision today upholding the third version of the travel ban established by the Trump administration. This ban, issued via Presidential Proclamation, imposes travel restrictions on citizens of...more

Constangy, Brooks, Smith & Prophete, LLP

U.S. Supreme Court Upholds Trump Travel Ban And Presidential Power

In a big victory for President Trump and for Presidential power to determine who enters the United States, the U.S. Supreme Court, in a 5 to 4 decision written by Chief Justice John Roberts, upheld President Trump’s third...more

Robinson+Cole RLUIPA Defense

Supreme Court Says Bon Voyage To Trump Travel Ban Challenges

Yesterday, the Supreme Court issued its highly anticipated decision in Trump v. Hawaii, 585 U.S. ___ (2018) regarding Presidential Proclamation No. 9645, otherwise known as the “Travel Ban.” ...more

Fisher Phillips

Supreme Court Upholds Trump’s Third Travel Ban

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In one of its most anticipated cases in decades, a deeply divided U.S. Supreme Court ruled 5-4 in favor of upholding President Trump’s latest “travel ban” today, delivering a key win to the Trump administration and one of its...more

Davis Wright Tremaine LLP

Supreme Court Upholds Travel Ban – Implications for Employers

On June 26, 2018, the U.S. Supreme Court upheld the so-called Trump travel ban. Presidential Proclamation 9645, Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists...more

Jackson Lewis P.C.

Supreme Court Upholds Travel Ban 3.0

Jackson Lewis P.C. on

The U.S. Supreme Court in a 5-4 decision has held that President Donald Trump’s Proclamation No. 9645, known as “Travel Ban 3.0,” can stand. Trump, et al. v. Hawaii, et al., No. 17-965 (June 26, 2018). Certain individuals...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Trump v. Hawaii

On June 26, 2018, the U.S. Supreme Court decided Trump v. Hawaii, upholding President Trump’s “travel ban,” which restricts admission to the United States for citizens of certain countries. Presidential Proclamation No....more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Manager's Alleged Fear of 'Voodoo Curses' Constituted Race Discrimination

The legal line between race and national origin discrimination claims continues to fade as federal courts take an increasingly expansive definition of the term “race.” Last month in an unpublished decision, the Fourth Circuit...more

Foley & Lardner LLP

A Cautionary Tale That Context Matters

Foley & Lardner LLP on

In the shifting landscape of employment law, a recent case illustrates the need to apply context and consider all the circumstances – even when it looks like a general rule applies. In this particular case, involving race and...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Failure to Replace Employee Does Not Defeat Discriminatory Termination Claim

When a terminated employee alleges that her firing resulted from discrimination or retaliation, employers often dispute those claims by noting that the employer never hired anyone to take the terminated employee’s position....more

Seyfarth Shaw LLP

Investigating Illegal Aliens’ Charges: Fourth Circuit Says EEOC Can Serve Subpoena On Employer

Seyfarth Shaw LLP on

Seyfarth Synopsis: This Fourth Circuit ruling opens the door for the EEOC to investigate employers as a result of EEOC charges brought by unauthorized employees, even though an illegal alien worker may not be able to seek...more

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