DE Under 3: How to Lawfully Engage in Race-Based Employment Decisions
DE Under 3: Job Search Website Operator Agrees to Settle Numerous EEOC National Origin Discrimination Charges
Lessons Learned on National Origin Discrimination from Emily in Paris - Hiring to Firing Podcast
DE Under 3: EEOC & DOJ Technical Guidance for Employer’s AI Use; Upcoming EEOC Hearing; Event for Mental Health in the Workplace
#WorkforceWednesday: EEOC Enforcement Uptick, New York Limits Private Confidential Settlements, Anti-Harassment Training for Virtual World - Employment Law This Week®
Illegal or ill-mannered? Title VII meets Ms. Manners
Employment Law This Week®: Arbitration Agreement Enforcement, Maryland’s #MeToo Legislation, California’s National Origin Regulations
II-26 – Superbowl Concerns, Tax Reform/MeToo, Restrictive Covenant Crimes, and Expanded Religious Discrimination Theories
Employment Law This Week®: FLSA Overtime Rules, NYS Overtime Laws, National Origin Discrimination, Foreign Workers
Employment Law This Week: National Origin Discrimination Guidance, Cash Substitutes, Hiring Permanent Replacements, Micro-Unit Upheld
Employment Law This Week: Pregnant Workers, Time-Rounding Practice, Gender Discrimination, National Origin Discrimination
What is at will employment law?
This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month....more
The "Same Actor Inference" is a legal principle that recognizes the logical gap when an employee alleges that they were terminated based on membership in a protected classification, by a manager who recently hired them with...more
On May 13, 2022, the U.S. Court of Appeals for the Fifth Circuit affirmed summary judgment in favor of an employer, finding that a fired employee had failed to create a genuine dispute of material fact as to pretext. In Owens...more
In order to state a claim of employment discrimination under federal civil rights laws, employees must demonstrate that they have been subjected to an adverse action. In most cases, the employee has been fired, demoted, or...more
On August 6, 2019, in State of Texas v. Equal Employment Opportunity Commission, the U.S. Court of Appeals for the Fifth Circuit ruled that the Equal Employment Opportunity Commission (EEOC) overstepped its limited rulemaking...more
The Supreme Court closed out its current term this week, issuing decisions in two cases with important implications for public schools. In Kisor v. Wilkie, issued yesterday, a surprising majority of the Court (the liberal...more
This edition of Employment Flash looks at developments in labor and employment law, including regarding a DOJ appeal of the EEOC's heightened pay reporting requirements, the NLRB's decision narrowing the circumstances under...more
Employment law is full of burden-shifting, prima facie standards and evidentiary hurdles. Sometimes, even the courts apply the wrong standard at the wrong stage of a case. That appears to be what happened in the case of...more
As employers consider pay equity issues and disclosures, they are closely watching a recent federal district ruling that reinstated an Obama-era rule requiring large employers to collect and annually report wage data by...more
The New Jersey Appellate Division’s recent decision in Aryee v. Newark Beth Israel Medical Center on February 20, 2019 demonstrates that even in an increasingly pro-employee environment, employers can prevail in...more
A federal appeals court just announced a sweeping change for agricultural employers that will make it easier for workers to bring discrimination claims against them under a joint employment theory. In last week’s EEOC v....more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more
The Supreme Court affirmed President Trump’s authority to ban certain foreign nationals from entering the country, finding that such travel restrictions are justified based on national security concerns....more
By a vote of 5-4, the Supreme Court handed President Trump a tremendous victory by rejecting a challenge to the President’s travel ban” or “Muslim ban” in Trump v. Hawaii. The ban, based on Presidential Proclamation 9645,...more
Earlier this week, the U.S. Supreme Court issued its opinion of Trump v. Hawaii, the case on the third iteration of President Trump’s travel entry ban. This version of the ban was issued as a presidential proclamation in...more
On June 26, 2018, the Supreme Court of the United States upheld the travel ban implemented by the Trump Administration in September 2017. This travel ban was the third permutation after two other travel bans failed to...more
The US Supreme Court issued a decision today upholding the third version of the travel ban established by the Trump administration. This ban, issued via Presidential Proclamation, imposes travel restrictions on citizens of...more
In a big victory for President Trump and for Presidential power to determine who enters the United States, the U.S. Supreme Court, in a 5 to 4 decision written by Chief Justice John Roberts, upheld President Trump’s third...more
Yesterday, the Supreme Court issued its highly anticipated decision in Trump v. Hawaii, 585 U.S. ___ (2018) regarding Presidential Proclamation No. 9645, otherwise known as the “Travel Ban.” ...more
In one of its most anticipated cases in decades, a deeply divided U.S. Supreme Court ruled 5-4 in favor of upholding President Trump’s latest “travel ban” today, delivering a key win to the Trump administration and one of its...more
On June 26, 2018, the U.S. Supreme Court upheld the so-called Trump travel ban. Presidential Proclamation 9645, Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists...more
The U.S. Supreme Court in a 5-4 decision has held that President Donald Trump’s Proclamation No. 9645, known as “Travel Ban 3.0,” can stand. Trump, et al. v. Hawaii, et al., No. 17-965 (June 26, 2018). Certain individuals...more
On June 26, 2018, the U.S. Supreme Court decided Trump v. Hawaii, upholding President Trump’s “travel ban,” which restricts admission to the United States for citizens of certain countries. Presidential Proclamation No....more
The legal line between race and national origin discrimination claims continues to fade as federal courts take an increasingly expansive definition of the term “race.” Last month in an unpublished decision, the Fourth Circuit...more