The U.S. Supreme Court vacated a decision by the U.S. Court of Appeals for the First Circuit holding a self-appointed “tester” has standing to sue under the Americans With Disabilities Act (ADA). Acheson Hotels, LLC v....more
Self-appointed “testers” need to establish their legal right to sue under the Americans With Disabilities Act (ADA) by showing a concrete and particularized injury, Jackson Lewis attorneys wrote in an amicus brief submitted...more
6/30/2023
/ Accessibility Rules ,
Americans with Disabilities Act (ADA) ,
Amicus Briefs ,
Hospitality Industry ,
Hotels ,
Policies and Procedures ,
Public Accommodation ,
Reasonable Accommodation ,
SCOTUS ,
Standing ,
Title III
The U.S. Court of Appeals for the Ninth Circuit affirmed the district court’s grant of a preliminary injunction barring enforcement of California’s Assembly Bill (AB) 51 with respect to arbitration agreements governed by the...more
Recently, the 9th Circuit applied, in an unpublished opinion, the U.S. Supreme Court’s broad definition of minister for purposes of the “ministerial exception.” Under the ministerial exception, religious institutions have a...more
As suggested by its previous motion, the U.S. Chamber of Commerce has filed a petition for rehearing en banc after a divided panel of the U.S. Court of Appeals for the Ninth Circuit found the Federal Arbitration Act (FAA) did...more
The First Amendment Religion Clauses exempt religious employers from suit by school teachers for alleged employment discrimination, the U.S. Supreme Court has held.
The Court issued its decision on July 8, 2020, in two...more
Whether the Establishment and Free Exercise Clauses prevent civil courts from adjudicating employment discrimination claims brought by employees against their religious employer, where the employee carried out important...more
5/18/2020
/ Cancer ,
Employment Discrimination ,
Establishment Clause ,
Family and Medical Leave Act (FMLA) ,
First Amendment ,
Free Exercise Clause ,
Ministerial Function ,
Oral Argument ,
Our Lady of Guadalupe School v Morrissey-Berru ,
Religious Schools ,
SCOTUS ,
Teachers
The U.S. Supreme Court has agreed to review two consolidated cases that will afford it an opportunity to develop the “ministerial exception” to employment discrimination laws it first announced in a 2012 case, Hosanna-Tabor...more
12/28/2019
/ Age Discrimination ,
Americans with Disabilities Act (ADA) ,
Appeals ,
Disability Discrimination ,
Dismissals ,
Employment Discrimination ,
First Amendment ,
Freedom of Religion ,
Ministerial Exception ,
Ministerial Function ,
Our Lady of Guadalupe School v Morrissey-Berru ,
Religious Schools ,
Religious Workers ,
Reversal ,
SCOTUS ,
St James School v Biel ,
Teachers
A California appellate court held an employer’s use of a rounding policy for its non-exempt employees complied with California law because it did not disfavor employees. (Donohue v. AMN Services, LLC (Dec. 10, 2018) Case No....more
The California Supreme Court has upheld the ability of California health care workers who work more than twelve hours a day voluntarily to waive their second meal period, rebuffing plaintiffs’ argument that their voluntary...more