Labor & Employment Law: Vermont and Federal Legislative Update
#WorkforceWednesday: SCOTUS Decision on LGBTQ Employees, EEOC on Older Workers Returning to Work - Employment Law This Week®
In its 2020 decision in Bostock v. Clayton County, the United States Supreme Court ruled that Title VII of the Civil Rights Act of 1964 prohibits covered employers from discriminating against employees based on their...more
On July 22, 2024, Solicitor General of the United States Elizabeth B. Prelogar submitted applications to the Supreme Court of the United States for a partial stay of two preliminary injunctions issued, respectively, by the...more
On July 17, 2024, the U.S. District for the Northern District of Texas rejected the State of Texas’s request that it vacate recent guidance from the U.S. Equal Employment Opportunity Commission (EEOC) on harassment and...more
With the August 1, 2024, effective date of the Department of Education’s April Title IX regulations (Final Rule) just weeks away, court action in pending lawsuits challenging the Final Rule across the country continues. The...more
On July 2 and July 11, 2024, two more federal courts issued preliminary injunctions preventing enforcement of the U.S. Department of Education’s new Title IX regulations, scheduled to go into effect on August 1, 2024....more
It's not over. I previously reported that a number of states have challenged the new Enforcement Guidance on workplace harassment issued by the U.S. Equal Employment Opportunity Commission, based on the position that the...more
As the temperatures continue to rise, regulations and litigation related to employer-sponsored group health plans have followed suit. As these new rules continue to evolve, we are often asked whether a self-insured group...more
On July 2, Judge John Broomes of the U.S. District Court for the District of Kansas handed down yet another preliminary injunction blocking the Title IX regulations issued in April, following on the heels of similar orders...more
On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued its new Enforcement Guidance on Harassment in the Workplace (the Guidance), the first update to its Guidance in over 20 years. Among the many...more
On June 17, Chief Judge Danny Reeves of the Eastern District of Kentucky issued a preliminary injunction staying the effective date, and enjoining enforcement, of the new Title IX regulations in the states of Indiana,...more
A federal judge in the Eastern District of Kentucky has enjoined the United States Department of Education from implementing or enforcing the 2024 Title IX regulations. The injunction is limited to the states of Tennessee,...more
On June 17, 2024, a United States District Court judge in Kentucky issued a preliminary injunction preventing the 2024 Title IX regulations from going into effect in several states, including Ohio. The 2024 regulations are...more
In the past week, two U.S. District Court judges have issued preliminary injunctions halting implementation of the recently-released 2024 Title IX final rule....more
On June 17, 2024, Judge Danny C. Reeves of the U.S. District Court for the Eastern District of Kentucky issued a 93-page order in the case of State of Tennessee v. Cardona, Case No. 2:24-072-DCR....more
held that a governmental employer’s health plan violated Title VII by applying an exclusion for services and supplies associated with gender reassignment surgery. The Court relied on the Supreme Court’s decision in Bostock v....more
Federal employment protections for LGBTQ+ individuals have greatly expanded over the past four years. While the U.S. Equal Employment Opportunity Commission (EEOC) remains committed to preventing workplace discrimination...more
Under the Fair Labor Standards Act (FLSA) and Virginia law, employers must pay non-exempt employees at least minimum wage for all hours worked and an overtime premium for all hours worked in excess of 40 hours in a week. ...more
On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued the final version of its Enforcement Guidance on Harassment in the Workplace (the “Guidance”) by a 3-2 vote. The Guidance updates prior EEOC...more
The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee J. Chambers and Cynthia L. Hackerott. In today’s...more
At the end of April 2024, the U.S. Equal Employment Opportunity Commission (EEOC) published its final guidance on harassment in the workplace, “Enforcement Guidance on Harassment in the Workplace” (“Guidance”). The Guidance...more
EEOC Title VII Guidance Challenged - On May 21, the Texas attorney general sought a permanent injunction to block the U.S. Equal Employment Opportunity Commission’s (“EEOC”) enforcement guidance over gender identity and...more
Monday, May 13, 2024: Coalition of 18 Republican States’ Attorney Generals Filed Suit to Challenge EEOC’s Harassment Guidance - A coalition of 18 Republican state attorney generals (“AGs”), led by Tennessee Attorney...more
Our April 9 blog post highlighted several issues to watch during 2024, one of which was gender-affirming care considerations. Just over a month later, there have now been three key developments with respect to that issue:...more
As recently reflected by the Fourth Circuit’s opinion in Billard v. Charlotte Catholic High School, Title VII has a notable ministerial exception that religiously affiliated entities such as private religious schools should...more