Within the last two months, both the Equal Employment Opportunity Commission (EEOC) and the armed services have followed Trump Administration directives to narrow or eliminate protections for transgender individuals....more
5/14/2025
/ Civil Rights Act ,
Defense Sector ,
Department of Defense (DOD) ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Bans ,
Gender Discrimination ,
Gender Identity ,
LGBTQ ,
Military Service Members ,
Military Status ,
SCOTUS ,
Title VII ,
Transgender ,
Trump Administration
On April 1, 2025, the American Alliance for Equal Rights (“AAER”) filed complaints with the Internal Revenue Service (“IRS”) alleging three tax-exempt private foundations—the Gates Foundation, the Lagrant Foundation and the...more
4/7/2025
/ 501(c)(3) ,
Anti-Discrimination Policies ,
Civil Rights Act ,
Executive Orders ,
Grants ,
IRS ,
Nonprofits ,
Race Discrimination ,
Reverse Discrimination ,
Scholarships ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Tax Exemptions ,
Trump Administration
In just a month since the U.S. Supreme Court overturned the Chevron Deference Doctrine, district courts across the country have blocked several federal agency rules, including an injunction in Texas barring enforcement of the...more
7/30/2024
/ Administrative Procedure Act ,
Administrative Proceedings ,
Chevron Deference ,
Chevron v NRDC ,
Clean Air Act ,
Equal Employment Opportunity Commission (EEOC) ,
Final Rules ,
Loper Bright Enterprises v Raimondo ,
Natural Resources ,
Pregnant Workers Fairness Act ,
Regulatory Agenda ,
SCOTUS ,
Statutory Interpretation
Last week, on April 17, 2024, the US Supreme Court unanimously held in Muldrow v. City of St. Louis, Missouri, et al., that an employee challenging a job transfer under Title VII of the Civil Rights Act of 1964 (Title VII)...more
4/26/2024
/ Civil Rights Act ,
Discrimination ,
Diversity and Inclusion Standards (D&I) ,
Employee Transfers ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Lateral Transfers ,
Muldrow v City of St Louis ,
SCOTUS ,
Sex Discrimination ,
Title VII
On December 5, 2023, the Supreme Court of the United States in Acheson Hotels, LLC v. Laufer, declined to substantively address a question businesses across the country have been eager to resolve: That is, whether a “tester”...more
12/20/2023
/ Acheson Hotels LLC v Laufer ,
Americans with Disabilities Act (ADA) ,
Article III ,
Disability Discrimination ,
Mootness ,
Public Accommodation ,
SCOTUS ,
Standing ,
Statutory Violations ,
Website Accessibility ,
Websites
On December 5, 2023, the Supreme Court of the United States in Acheson Hotels, LLC v. Laufer, declined to substantively address a question businesses across the country have been eager to resolve: That is, whether a “tester”...more
12/18/2023
/ Acheson Hotels LLC v Laufer ,
Americans with Disabilities Act (ADA) ,
Article III ,
Attorney's Fees ,
Disability Discrimination ,
Dismissals ,
Mootness ,
SCOTUS ,
Standing ,
Website Accessibility ,
Websites
In this episode, we discuss the recent US Supreme Court ruling in the Students for Fair Admissions Inc.'s lawsuits against Harvard University and the University of North Carolina, which challenged the constitutionality of...more
Summary -
The Supreme Court’s decision in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina (collectively SFFA), in a 6-3...more
7/6/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Equal Protection ,
Fourteenth Amendment ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VI ,
Title VII
We first discuss the multiple benefits of diversity, equity, and inclusion (DEI) for financial institutions, the challenges and opportunities institutions face in implementing a DEI strategy, and how DEI applies beyond an...more
Summary -
On January 13, 2022, the Supreme Court “split the baby” on two federal vaccine mandates. The Court stayed the OSHA “vaccine or test” rule, but allowed the Centers for Medicare & Medicaid Services (CMS) vaccine...more
1/20/2022
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing
As previously reported here, the Supreme Court recently issued decisions staying the Occupational Safety and Health Administration (OSHA) “vaccine or test” Emergency Temporary Standard (ETS) and upholding the Centers for...more
The Supreme Court issued two opinions on January 13, 2022 relating to federal agency vaccination rules and mandates. In one opinion, the Court issued an emergency stay of the Occupational Safety and Health Administration...more
1/14/2022
/ Biden Administration ,
Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
In an important ruling that further narrows the circumstances in which class arbitration will be permitted, the Supreme Court today held that under the Federal Arbitration Act (FAA)...more
In a unanimous ruling on February 21, the U.S. Supreme Court narrowed the definition of a whistleblower under the Wall Street Reform and Consumer Protection Act (the Dodd-Frank Act)....more
3/1/2018
/ Anti-Retaliation Provisions ,
Digital Realty Trust Inc v Somers ,
Dodd-Frank ,
Internal Reporting ,
Reporting Requirements ,
Retaliation ,
Sarbanes-Oxley ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Whistleblower Protection Policies ,
Whistleblowers
President Trump's nomination of Judge Neil M. Gorsuch could shape the U.S. Supreme Court for years to come because of the judge's relatively young age (49) and because he could be part of a conservative majority on the Court,...more
2/3/2017
/ Administrative Boards ,
Chevron Deference ,
Confirmation Proceedings ,
Department of Labor (DOL) ,
Employment Discrimination ,
Joint Employers ,
Judicial Appointments ,
Justice Scalia ,
Neil Gorsuch ,
NLRA ,
NLRB ,
Nominations ,
Over-Time ,
Persuader Rules ,
SCOTUS ,
Trump Administration ,
Union Elections ,
White-Collar Exemptions
We know that many of you are aware of the U.S. Supreme Court's decision in Perez v. Mortgage Bankers Association. The Court held that the U.S. Department of Labor was not required to follow notice and comment procedures in...more
The U.S. Supreme Court decided in Perez v. Mortgage Bankers Association that federal agencies are not required to use the Administrative Procedure Act's (APA) notice and comment procedures when issuing or making changes to...more
The U.S. Department of Labor (DOL) on August 9 issued a revised Fact Sheet to provide guidance on Family and Medical Leave Act (FMLA) protections for same-sex couples....more
The U.S. Court of Appeals for the District of Columbia Circuit recently vacated a 2010 interpretation of federal wage and hour law in which the Department of Labor (DOL) had concluded that mortgage loan officers do not...more