Last month, the EEOC announced a $250,000 settlement with The Results Companies, a call center outsourcing firm, over its refusal to accommodate a blind employee’s use of screen reader software. The case is a classic example of what not to do. 🔍 The Details The employee—blind and highly experienced in customer service—was hired and immediately requested to use…
Based on the oral argument transcript in Trump v. CASA, et al. (and its consolidated cases), here’s an analysis of how the U.S. Supreme Court is most likely to rule: Issue Presented The key issue is whether federal courts (including the district courts) have the authority to issue universal (nationwide) injunctions blocking enforcement of Executive Order 14160, which limits…
Recently, he EEOC filed a lawsuit in federal court against a North Carolina restaurant alleging its failure to hire male applicants who applied to non-managerial front-of-house positions, including server, bartender and host/hostess positions. The allegations in the lawsuit date back to December 2019. The EEOC is also inviting other potential plaintiffs to join the lawsuit.…
Earlier this year, President Trump removed Gwynne Wilcox from her post on the National Labor Relations Board (NLRB). That move triggered a legal firestorm, leading to a showdown now before the U.S. Supreme Court. The question: Can the President remove independent agency officials like NLRB members at will or does the Constitution allow Congress to…
In today’s polarized environment, employers are walking a tightrope. From social media rants and heated office debates to walkouts and politically charged attire, the question isn’t just “Can they say that?” — it’s “What can we do about it?” Let’s set the record straight: Private-sector employers are not bound by the First Amendment. The First…
Utah, West Virginia, and Wyoming have enacted new laws defining sex as binary and immutable — male or female — and restricting transgender and nonbinary individuals from using school and government building facilities that align with their gender identity. Under Bostock v. Clayton County (2020), the U.S. Supreme Court held that discrimination based on gender…
A recent federal court decision out of Georgia serves as a reminder that being difficult, disruptive, or just generally exhausting to work with is a legitimate, non-discriminatory reason to end someone’s employment, or deny tenure as the case may be.Let’s break it down. Mercer University denied tenure to a professor who: – Routinely criticized leadership…
On March 28, the D.C. Circuit stayed two lower court rulings that had reinstated Democratic appointees Gwynne Wilcox (NLRB) and Cathy Harris (MSPB) after President Trump removed them without cause earlier this year. The appellate court’s 2–1 decision clears the way, for now, for the President to oust members of independent agencies despite statutory tenure…
Employers spend a lot of time worrying about anti-discrimination and wage and hour laws, and rightfully so. Employment discrimination and wage claims remain the biggest exposure for employers. However, as Walmart recently found out, defamation claims can be costly. Jesus “Jesse” Fonseca, a former truck driver, was just awarded $34.7 million by a California jury.…
On March 18, President Trump fired both Democratic commissioners from the Federal Trade Commission—Alvaro Bedoya and Rebecca Kelly Slaughter—with a “your services are no longer aligned” email from the White House. This is not surprising. This administration has already fired leadership at the NLRB, EEOC, and other federal agencies. The goal is to reshape the…