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Statutory Interpretation Employment Discrimination

Jackson Lewis P.C.

Federal Court Vacated Gender Identity Portions of EEOC Harassment Guidance: Employer Uncertainty Remains

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A federal district court in Texas on May 15, 2025, vacated the gender identity parts of the 2024 Equal Employment Opportunity Commission (EEOC) Enforcement Guidance on Harassment in the Workplace (the EEOC Guidance). The...more

ArentFox Schiff

Federal Court Strikes Down Key Portions of EEOC Harassment Guidance

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On May 15, a Texas federal court vacated portions of the Equal Employment Opportunity Commission’s (EEOC) Enforcement Guidance on Harassment in the Workplace, concluding that the agency’s expanded interpretation of “sex”...more

Littler

Federal Court Vacates Portion of PWFA Final Rule Requiring Accommodation for Elective Abortions

Littler on

On May 21, 2025, Judge David C. Joseph of the U.S. District Court for the Western District of Louisiana issued a ruling vacating the Equal Employment Opportunity Commission’s final rule under the 2022 Pregnant Workers...more

Parker Poe Adams & Bernstein LLP

Federal District Court Vacates EEOC Guidance on LGBTQ+ Discrimination

Last week, a federal district court in Texas granted summary judgment to the State of Texas in a lawsuit challenging portions of the Equal Employment Opportunity Commission’s workplace harassment guidance dealing with...more

Lerman Senter PLLC

Court Rejects FCC's Reinstatement of Form 395-B Filings

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A federal appeals court has invalidated the FCC’s attempt to require broadcasters to file annual reports disclosing the race, ethnicity, and gender of their employees....more

Saul Ewing LLP

Second Circuit Rejects Broad Interpretation of “Marital Status Discrimination” Under New York City Human Rights Law

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Although not prohibited by federal law, employment discrimination based on marital status is illegal in several states. However, the exact contours of “marital status” discrimination have been somewhat unclear, leading to a...more

McAfee & Taft

Can a non-disabled employee recover backpay under the ADA? At least one appeals court thinks so.

McAfee & Taft on

In the brilliant 1993 movie The Fugitive, there is an iconic scene in which the wrongly accused Dr. Richard Kimble emphatically tells Deputy U.S. Marshal Samuel Gerard, “I didn’t kill my wife!” Gerard responds, “I don’t...more

Orrick, Herrington & Sutcliffe LLP

Monthly Highlights – UK Employment Law – April 2025

In this month’s instalment, our team summarises the latest UK case law and developments in employment law – and their implications for employers. In For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16, the Supreme...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

More Arrested Developments: Wisconsin Supreme Court Holds ‘Arrest Record’ Encompasses Noncriminal Civil Violations

The Supreme Court of Wisconsin recently provided significant guidance resolving uncertainty about the scope of the Wisconsin Fair Employment Act’s (WFEA) prohibition against discrimination based on an employee’s or...more

Bradley Arant Boult Cummings LLP

Litigate or Arbitrate? Sixth Circuit Decision Looks at Timing of Sexual Harassment Claim

Can you compel arbitration with an employee who is alleging sexual harassment? You may recall that in 2022, Congress enacted the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA), which precludes...more

Mandelbaum Barrett PC

How the Supreme Court’s Loper Decision Overturns Chevron Doctrine and Impacts Employment Law

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The Supreme Court’s decision in Loper Bright Enterprises v. Raimondo, __ U.S. __ (2024), overturning the 40-year-old Chevron doctrine, drastically reshapes administrative law....more

Fisher Phillips

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

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The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more

Littler

The Fifth Circuit Announces New Standard for Pleading a Title VII Claim

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The U.S. Court of Appeals for the Fifth Circuit recently announced that Title VII plaintiffs are no longer required to plead an “ultimate employment decision" to properly allege a disparate treatment claim. Applying a strict...more

Fisher Phillips

SCOTUS 2023 Lookback and 2024 Preview: 7 Critical Decisions All Employers Should Review and 3 New Cases to Track

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The Supreme Court’s blockbuster decisions last term dominated the headlines – and many rulings will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an...more

Nelson Mullins Riley & Scarborough LLP

Proposed Federal Rule Seeks to Clarify Title VII’s Application to Religious Organizations

A January 13, 2023 rule proposed by nine federal agencies, including the Department of Labor, seeks to amend an assortment of regulations in order to clarify the rights and obligations of faith-based and community...more

Littler

Opening Pandora’s Box: Oregon Court of Appeals Holds That “Any Person” Can Be Held Liable Under Oregon’s Aiding and Abetting...

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On June 23, 2021, in Charlton v. Ed Staub and Sons Petroleum, Inc. and Quicksilver Contracting Company, the Oregon Court of Appeals reversed the dismissal of the plaintiff’s “aiding and abetting” discrimination and...more

Goulston & Storrs PC

Who can be Liable for Violation of the NYC Anti-Discrimination Laws? An Update

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Plaintiffs in employment discrimination lawsuits have tried to sue in New York City because its anti-discrimination laws have been labelled the “most progressive in the nation.”...more

Akin Gump Strauss Hauer & Feld LLP

SCOTUS Wrapup and Preview 2020

In this episode, recorded on Sept. 14, Akin Gump Supreme Court and appellate practice co-head Pratik Shah returns to review the 2019 Supreme Court Term and preview the big cases and topics in the October 2020 Term. Among...more

Littler

Guidelines on the Interpretation of Puerto Rico’s Employment Legislation, Chapters 9 and 10

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As we have previously discussed, the Puerto Rico Department of Labor (PR DOL) recently published the first edition of its Guidelines on the Interpretation of Puerto Rico’s Employment Legislation (Guidelines), which includes...more

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