News & Analysis as of September 25, 2024

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The Equal Protection Clause is a section of the 14th Amendment to the United States Constitution that provides that "no state shall...deny to any citizen within its jurisdiction the equal protection of the... more +

The Equal Protection Clause is a section of the 14th Amendment to the United States Constitution that provides that "no state shall...deny to any citizen within its jurisdiction the equal protection of the laws." Essentially, the Equal Protection Clause provides that the government must treat an individual the same way that it treats other individuals in the same circumstances. The 14th Amendment Equal Protection Clause applies only to state governments, but the requirements of the clause apply to the federal government through the Due Process Clause of the 5th Amendment. less -

Wash. Federal Judge Pokes Hole in New Wave of Vaccine Mandate Challenges

Husch Blackwell LLP on 1/25/2024

In response to the COVID-19 pandemic, pharmaceutical companies like Pfizer worked diligently to develop safe and effective vaccines. Following the FDA’s approval of these vaccines, many state governments and private...more

Top 10 ESG Developments for 2023

ArentFox Schiff on 12/11/2023

2023 saw terms like “ESG,” “greenwashing,” and “circular economy” come into common use. We also saw a tsunami of other environmental, social, and governance (ESG)-related developments at the international, federal, and state...more

Federal Court Prohibits SBA’s Use of Rebuttable Presumption for 8(a) Program

PilieroMazza PLLC on 7/24/2023

On July 19, 2023, the U.S. District Court for the Eastern District of Tennessee issued an important decision where it declared that the Small Business Administration’s (SBA) rebuttable presumption of social disadvantage,...more

Potential Private Sector Implications of the Supreme Court's Affirmative Action Ruling

Skadden, Arps, Slate, Meagher & Flom LLP on 7/6/2023

The U.S. Supreme Court’s landmark decision in the cases Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina upended prior...more

What Employers Need to Know about the SCOTUS Affirmative Action Decision

Paul Hastings LLP on 7/6/2023

Federal law governing affirmative action and non-discrimination in employment is unaffected by the Supreme Court’s highly publicized affirmative action decision published June 29, 2023. Still, the decision is sure to...more

Supreme Court Strikes Down College Affirmative Action Programs

Baker Donelson on 7/5/2023

On June 29, 2023, the United States Supreme Court issued a historic decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North...more

OFCCP Week In Review: July 2023

DirectEmployers Association on 7/5/2023

Tuesday, June 27, 2023: At 11th Hour, OFCCP Made Changes to Contractor Portal FAQ - Update Made Two Days Prior to Certification Deadline - Thursday, June 29 “Deadline” Not Extended - Adding to the existing...more

Supreme Court Ends Use of Race as a Factor in College Admissions

Bass, Berry & Sims PLC on 7/5/2023

In a much-anticipated decision, the Supreme Court last week ended the use of race as a factor in college admissions, effectively overturning its precedent in Grutter v. Bollinger. In a vote of 6-3, the Court held that the...more

Affirmative Action Post Harvard & UNC

FordHarrison on 6/30/2023

Executive Summary: On June 29, 2023, the U.S. Supreme Court struck down both Harvard College’s and the University of North Carolina’s affirmative action programs as they relate to student admissions. Students for Fair...more

District Court Grants Preliminary Injunction against MBDA Business Centers, Finding Unconstitutional Discrimination

Schwabe, Williamson & Wyatt PC on 6/7/2023

In March of 2023, Christian Bruckner, Jeffrey Nuziard, and Matthew Piper filed a lawsuit in the U.S. District Court for the Northern District of Texas (Fort Worth Division), Jeffery Nuziard, et. al. v. Minority Business...more

Gender Dysphoria Recognized as a Disability Under Federal Law

Miles & Stockbridge P.C. on 8/22/2022

A federal appeals court this week ruled that “gender dysphoria” qualifies as a disability under the Americans with Disabilities Act (“ADA”). This decision will give broader protection to transgender and other individuals...more

Corporate Governance: 2022 Midyear Review

Kramer Levin Naftalis & Frankel LLP on 7/5/2022

The first half of 2022 illuminated important trends in the corporate governance space. In recent months, there were notable developments in the enforcement of economic sanctions and export control measures, and the oversight...more

The Chaotic Health Care Landscape in a Post-Roe World

Manatt, Phelps & Phillips, LLP on 6/28/2022

The Big Picture - On June 24, the Supreme Court of the United States issued a far-reaching decision, Dobbs v. Jackson Women’s Health Organization, that repudiates nearly 50 years of precedent on a woman’s right to abortion...more

Corporate Board Diversity: Next Steps for Employers After Court Strikes Down California Board Diversity Law

Littler on 4/20/2022

On April 1, 2022, a Los Angeles County Superior Court ruled that California Assembly Bill 979—a bill designed to increase diversity and improve the persistently low number of underrepresented groups on corporate...more

Blog: New challenge to California board diversity laws

Cooley LLP on 7/19/2021

There’s a new case challenging both of California’s board diversity laws. The case, which was filed in a California federal district court against the California Secretary of State, Dr. Shirley Weber, seeks declaratory relief...more

Hazard Pay During COVID-19: New Laws For Essential Workers

McManis Faulkner on 8/25/2020

This article follows an earlier article on hazard pay.... Hazard pay legislation is expanding nationwide at all levels of government. The growth in calls for hazard pay is the result of a shift in perception of the types of...more

Church of the Flying Spaghetti Monster Not a Religion, Says Federal Court

Robinson+Cole RLUIPA Defense on 4/21/2016

We don’t often report on RLUIPA prisoner cases (recall, that RLUIPA applies in the land use and prison contexts). But a recent federal decision in Nebraska – Cavanaugh v. Bartelt (D. Nebraska 2016), is just too good to pass...more

Five Months after Same-Sex Marriages Held Constitutional: Where Are the Courts Headed on the Unanswered Questions?

Baker Donelson on 11/23/2015

On June 26, 2015, the United States Supreme Court issued its monumental decision in Obergefell, et al. v. Hodges, et al.; Case No. 14-556, holding that state bans of same-sex marriages are unconstitutional. Specifically, the...more

IRS Issues Proposed Regulations to Accommodate Obergefell

Proskauer - Employee Benefits & Executive... on 10/27/2015

On October 21, 2015, the IRS issued proposed regulations to clarify the treatment of same-sex spouses for federal tax purposes. By way of background, in 2013, the United States Supreme Court held in United States v. Windsor...more

Corporate Investigations & White Collar Defense - October 2015

Manatt, Phelps & Phillips, LLP on 10/23/2015

"Wherefore Art Thou Due Process?" Part III - Why it matters: It is time for another installment in our continuing "Wherefore Art Thou Due Process?" coverage into the ongoing constitutional challenges to the SEC's...more

Same-Sex Marriage and Employment Discrimination: The Future of Sexual Orientation Bias Claims

Baker Donelson on 7/15/2015

On June 26, 2015, the Supreme Court of the United States legalized same-sex marriage throughout the country. In Oberfell v. Hodges, the Court held that Section 1 of the Fourteenth Amendment – commonly referred to as the Equal...more

The Gay Marriage Decision: Support for Title VII Employment Discrimination Claims?

Orrick - Employment Law and Litigation on 7/8/2015

Following the excitement of the same-sex marriage decision by the U.S. Supreme Court on June 26th, the question remains how much the Opinion may impact Title VII employment discrimination claims. Based on our reading of the...more

The Same-Sex Marriage Ruling: Key Employment Law Take-Aways

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/29/2015

On June 26, 2015, the Supreme Court of the United States answered the two questions it posed in the consolidated same-sex case, Obergefell v. Hodges, No. 14-556 (June 26, 2015). The consolidated case arose from challenges to...more

Are Teacher Tenure and Seniority Really Unconstitutional?

JD Supra Perspectives on 6/13/2014

If upheld on appeal, the trial court decision in Vergara v. State of California will make it easier for California school districts to keep new teachers in "at will" probationary status longer, to fire tenured teachers, and...more

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