Employment & Labor Insider

Employment & Labor Insider

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Tag Archives: “Supreme Court”

Weekly catch-up

Posted in Immigration
Trump’s travel ban scores one with the SCOTUS. This week, in a victory for the Trump Administration, the U.S. Supreme Court dismissed as moot one of the two pending challenges to the March 6 travel ban issued by the Administration and vacated the lower court decision striking down the ban. (That March 6 travel ban… Continue Reading

Weekly catch-up

Posted in Immigration
All immigration, all the time! Will Krasnow of our Boston Office has been working overtime in following the latest developments, and explaining what they mean for employers. Last Friday, he had this Immigration Dispatch on the end of the Deferred Action on Childhood Arrivals under President Trump. (But is the President now close to a DACA deal… Continue Reading

For “Labor Day” (get it?): Three pregnancy cases from the EEOC

Posted in Discrimination, Equal Pay, HR, Pregnancy
Happy Labor Day Weekend, y’all! The month of August was not kind to the Equal Employment Opportunity Commission. The EEOC’s wellness regulations were shot down by a federal court in the District of Columbia, and earlier this week the agency was told that it could not require employers to report compensation data on the new EEO-1 Reports. But the… Continue Reading

Weekly catch-up

Posted in Class actions, Drug Testing, FOCUS, Immigration, Labor Relations, Paid Leave, Politics, Safety, Social media, Uncategorized
Supreme Court agrees to review “travel ban” cases and partially stays injunctions on the ban pending a final decision. The Trump Administration won a partial victory this week when the U.S. Supreme Court decided that portions of the preliminary injunctions against the “travel ban” issued in March should be stayed. What that means is that the travel… Continue Reading

The Deep Dive: A closer look at the Seventh Circuit’s sexual orientation decision

Posted in Discrimination, Sexual Orientation
As we reported early this morning, the full U.S. Court of Appeals for the Seventh Circuit decided in Hively v. Ivy Tech Community College of Indiana that the prohibition in Title VII against discrimination based on “sex” encompasses discrimination based on sexual orientation. It is the first federal appellate court to do so, although recent… Continue Reading

Trumpdate: Labor nominee Acosta gets through HELP Committee, Dems support Gorsuch

Posted in Politics
Two big developments of interest to employers: The Senate Heath, Education, Labor and Pensions Committee approved the nomination of Alex Acosta, President Trump’s nominee for Secretary of Labor, in a 12-11 straight party-line vote. This means that Mr. Acosta’s nomination will be voted on by the full Senate. According to The Washington Post, no date… Continue Reading

Weekly catch-up

Posted in FOCUS, Franchise, Labor Relations, Politics
Franchisors received some encouraging news this week from President Trump’s Acting Solicitor General, Nicholas Geale. Mr. Geale says that he prefers not to bring enforcement actions based on a theory that franchisors and franchisees are “joint employers.” He also said that he hopes the U.S. Department of Labor will focus on helping employers to comply… Continue Reading

Daily Trumpdate: Gorsuch seems to care about real people

Posted in Discrimination, Elections, Politics, Pregnancy
President Trump’s Supreme Court nominee Judge Neil Gorsuch is still looking good to me. I’ve now read his famous (among law nerds, anyway) concurrence in Gutierrez-Brizuela v. Lynch, in which he criticizes the Chevron doctrine. (Judge Gorsuch also wrote the majority opinion in Gutierrez-Brizuela, but his concurrence starts at pdf page 15.) The Chevron doctrine, from… Continue Reading

Daily Trumpdate: Must-see TV, LGBT protections here to stay, ICE to harden?, best way to less regulation

Posted in Elections, Gender Identity Discrimination, Immigration, Politics, Sexual Orientation
Must-see TV! President Trump said last night that he would be announcing at 8 p.m. EST tonight his nominee for the U.S. Supreme Court vacancy that was created by the death of Justice Antonin Scalia. You have to hand it to the President for scheduling the announcement for prime time, when everyone can watch. Although I think… Continue Reading

Daily Trumpdate: The 4 known SCOTUS contenders

Posted in Elections, Politics
President Trump announced yesterday that he would be naming his nominee for the U.S. Supreme Court next week. The nominee, if confirmed, will fill the seat vacated by the late Justice Antonin Scalia. According to most news sources, the three leading contenders are U.S. Court of Appeals Judges William Pryor (Eleventh Circuit), Neil Gorsuch (Tenth Circuit),… Continue Reading

Nitpicking the EEOC’s proposed guidance on harassment

Posted in Discrimination, Gender Identity Discrimination, Harassment, Sexual Orientation
This week, the Equal Employment Opportunity Commission issued a proposed Enforcement Guidance on workplace harassment. It’s 75 pages long, so a little too much to cover in a single blog post. The EEOC is seeking comments from the public until February 9, so I will start with the comment-worthy provisions. Next week, I’ll post about… Continue Reading

Oh, wait a minute — sexual orientation bias DOES violate Title VII?

Posted in Gender Identity Discrimination, Harassment, Sexual Orientation
Feeling whipsawed? Last summer, I reported on the Hively v. Ivy Tech decision, in which a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit ruled that discrimination based on sexual orientation is not “sex discrimination” or unlawful sex stereotyping that violates Title VII. That decision has since been vacated, and the case will… Continue Reading

There’s a new Sheriff in town: The politics and pitfalls of patronage dismissals (Part 1 of 2)

Posted in First Amendment, Public Sector Employment
NOTE FROM ROBIN: This is the first in a two-part series on the law regarding patronage dismissals in public sector employment by Damon Kitchen, head of our public sector industry group. Damon, welcome to the blog!  It’s election season, and each year, like the dead leaves that fall from the trees, many loyal and long-term… Continue Reading

The EEOC’s defeat in Detroit: Pants, skirts, gender identity, and religion

Posted in Discrimination, Gender Identity Discrimination
UPDATE (10/17/16): As expected, the EEOC has appealed the District Court’s decision described below to the U.S. Court of Appeals for the Sixth Circuit. Last week, I reported that summary judgment was granted against the Equal Employment Opportunity Commission in its transgender discrimination lawsuit against R.G. and G.R. Harris Funeral Homes, linked to the decision… Continue Reading

Massachusetts expands protections to transgender individuals

Posted in Discrimination, Gender Identity Discrimination
As of October 1, “places of public accommodation” in Massachusetts will be prohibited from discriminating based on gender identity. That is, persons accessing a “place of public accommodation” must be permitted to use gender-segregated locations (such as restrooms and locker rooms) consistent with their gender identity. Any place that is open to and accepts or solicits… Continue Reading

Huh? Title VII and sexual orientation bias, revisited

Posted in Discrimination, ENDA, Gender Identity Discrimination, Same-sex marriage, Sexual Orientation
UPDATE (10/14/16): The Hively decision discussed below was issued by a three-judge panel of the Seventh Circuit. This week, the full Seventh Circuit set aside the decision and agreed to rehear the case with all of the judges participating. Here is a copy of the order.  The U.S. Court of Appeals for the Seventh Circuit… Continue Reading

The “duty to conciliate” doesn’t mean the EEOC has to be reasonable.

Posted in Discrimination, Settlements
Just how much of a duty to conciliate does the Equal Employment Opportunity Commission have after the Supreme Court’s decision last year in Mach Mining? Hardly any, it appears. In Mach Mining, the Supreme Court decided that courts did have the authority to review the agency’s conciliation efforts (which caused employers to claim it as an… Continue Reading

Look out, employers! The new Class Action Outlook is out!

Posted in Class actions
The Spring 2016 edition features (in order of appearance) Naveen Kabir on the Supreme Court’s Tyson Foods decision, Anna Rothschild on the Supreme Court after Justice Scalia and Merrick Garland’s record on labor and employment cases, Mallory Schneider Ricci on the Supreme Court’s CRST Van Expedited v. EEOC decision (if you haven’t already, please check… Continue Reading

An open love letter to Justice Clarence Thomas

Posted in Class actions, Discrimination, Harassment, Transportation Industry
I admit it.  I have a crush on Justice Thomas.  Today’s unanimous Supreme Court opinion in CRST Van Expedited, Inc. v. EEOC – holding that a merit-based dismissal is not necessary for a defendant to qualify as the “prevailing party” in a Title VII case – would make any employment defense lawyer’s heart skip a… Continue Reading