INTRODUCTION -
This Annual Report on EEOC Developments—Fiscal Year 2024 (hereafter “Report”), our fourteenth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission...more
4/28/2025
/ Age Discrimination ,
Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Disability Discrimination ,
Diversity and Inclusion Standards (D&I) ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Discrimination ,
Employment Litigation ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Regulatory Requirements ,
Retaliation ,
Title VII ,
Trump Administration
The Supreme Court resolved a circuit split on February 8, 2024, when it issued its opinion in Murray v. UBS Securities, LLC, holding that a whistleblower need not prove that the employer acted with “retaliatory intent” in...more
2/14/2024
/ Adverse Employment Action ,
Hiring & Firing ,
Murray v UBS Securities LLC ,
Retaliation ,
Sarbanes-Oxley ,
SCOTUS ,
Securities Fraud ,
Securities Violations ,
UBS ,
Whistleblower Awards ,
Whistleblower Protection Policies ,
Whistleblowers
On June 16, 2023, in United States ex rel. Polansky v. Executive Health Resources, Inc., the U.S. Supreme Court resolved a circuit split in favor of a broad interpretation of the federal government’s ability to dismiss False...more
On June 29, 2023, the United States Supreme Court ruled that race-conscious admissions practices at Harvard College and the University of North Carolina, which are generally similar to how numerous other higher education...more
7/3/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Diversity ,
Educational Institutions ,
Equal Protection ,
Fourteenth Amendment ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VI ,
Title VII
On June 1, 2023, in United States ex rel. Schutte, the United States Supreme Court held that, to impose liability on an employer for “knowingly” submitting a false claim to the government for payment, it is sufficient for the...more
In 2022, gun laws remain top of mind for many Americans, but particularly employers. The Supreme Court ended its 2022 term with a series of bombshell opinions, and one opinion in particular may indirectly impact gun rights in...more
7/28/2022
/ Concealed Carry Permit ,
Concealed Weapons ,
Employer Liability Issues ,
Employment Policies ,
Firearms ,
Gun Laws ,
New York ,
New York State Rifle & Pistol Association Inc et al v Bruen Superintendent of New York State Police et al ,
SCOTUS ,
Second Amendment ,
Self-Defense
On May 11, 2022, the Fifth Circuit issued its opinion in Hargrave v. AIM Directional Services, L.L.C., giving a big win to energy-sector companies by concluding that a directional driller was an independent contractor rather...more
False Claims Act Retaliation in 2021 -
INTRODUCTION -
A corporate whistleblower can create more financial, organizational, and reputational damage to an employer by using the federal False Claims Act (FCA), 31 U.S.C....more
The United States Department of Labor’s Wage and Hour Division (WHD) recently issued a letter responding to a food manufacturer’s request for an opinion on whether certain distributors of the manufacturer’s perishable...more
1/21/2021
/ Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Employer Liability Issues ,
Food Manufacturers ,
Gig Economy ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
Opinion Letter ,
Wage and Hour
Largely overshadowed by the rise in COVID-19 deaths and the January 6, 2021, siege on the Capitol, the Criminal Antitrust Anti-Retaliation Act of 2019 (“the Act”) became law on December 23, 2020. See 15 U.S.C. § 7a-3....more
1/15/2021
/ Anti-Retaliation Provisions ,
Antitrust Provisions ,
Antitrust Violations ,
Corporate Counsel ,
Criminal Liability ,
Criminal Penalties ,
Department of Justice (DOJ) ,
Employer Liability Issues ,
Federal Trade Commission (FTC) ,
Whistleblower Protection Policies ,
Whistleblowers
With a vote split down party lines, on September 23, 2020, the Securities and Exchange Commission (SEC) approved several amendments to rules governing its Whistleblower Program. The purpose of the amendments, according to the...more
On April 27, 2020, Texas Governor Greg Abbott issued Executive Order GA-18 (Order) regarding the reopening of Texas businesses during the COVID-19 crisis. ...more
The application of the Supreme Court’s decision in Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773 (2017), to class actions has led to much confusion and an ever-widening circuit split....more
As the number of confirmed COVID-19 cases steadily rises throughout Texas while testing resources remain scarce, Central Texas counties issued “shelter-in-place” orders in an effort to #flattenthecurve....more
In a landmark decision delivered on March 23, 2020, the U.S. Supreme Court held that a but-for causation standard applies to claims brought under 42 U.S.C. § 1981, the Civil Rights Act of 1886, and that this standard applies...more