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Businesses Now Face ADA Risk Related to COVID-19 Mandatory Employee Mask-Wearing Policies

A class action lawsuit filed in September 2020 against Nike alleging that its policy requiring retail employees to wear Nike-branded, opaque masks discriminated against deaf and hard of hearing consumers under Title III of...more

Businesses Face Risk Related to Mandatory Employee Masking Policies

Summary - In a class action lawsuit pending in the United States District Court for the Northern District of California, a consumer-plaintiff alleged that Nike Inc.’s policy requiring employees to wear opaque, Nike-branded...more

Delaware Expands Protections Against Sexual Harassment in the Workplace

On August 29, 2018, Delaware Governor John Carney, signed into law House Bill 360, expanding sexual harassment protections for workers. The new law will take effect January 1, 2019. ...more

A New Wave of Website Accessibility Litigation: Employers Beware

Employers across the country continue to face potential litigation over the accessibility of their websites to individuals with disabilities. The increase in website accessibility litigation under the Americans with...more

Supreme Court Clarifies Burden of Proof for Religious Accommodation and Disparate-Treatment Claims

The U.S. Supreme Court sided with the EEOC today and clarified the standard for religious accommodation and disparate-treatment claims under Title VII. The Court ruled that an applicant can advance a disparate-treatment claim...more

Third Circuit Holds that Courts, Not Arbitrators, Should Rule on Classwide Arbitration

In Opalinski v. Robert Half International, Inc., the United States Court of Appeals for the Third Circuit held that where an arbitration clause is silent as to the availability of classwide arbitration, that issue should...more

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