"Some harm" is all it takes. Continue Reading ›
"Reverse discrimination," ADA, religion, and nationwide injunctions. Continue Reading ›
Don't expect the EEOC to appeal. Continue Reading ›
I've been asking this a lot lately. Continue Reading ›
The bathroom battle (among others) continues. Continue Reading ›
Warning -- I'm about to go on a rant. Continue Reading ›
The TL;DR version. Continue Reading ›
Just a little harm will do. Continue Reading ›
Will the Court be opening the floodgates? Continue Reading ›
"Undue hardship" defense is likely to become tougher. Continue Reading ›
The impact on most employers should be minimal. Continue Reading ›
The court punted. Continue Reading ›
The lawsuit that transformed Title VII is over. Continue Reading ›
And opens up a can of worms. Continue Reading ›
Third post in our series. Continue Reading ›
Second post in our series. Continue Reading ›
(It's possible that you heard this already.) Continue Reading ›
UPDATE: It's Judge Ketanji Brown Jackson, says the NYT. Continue Reading ›
Biden promises a nominee by end of February. Continue Reading ›
I won't be as giddy as I was yesterday. Continue Reading ›
Two justices flip to the other side. Continue Reading ›
This JUST in. Continue Reading ›
While we wait. Continue Reading ›
Supreme Court argument on OSHA ETS starts at 10 a.m. ET. Continue Reading ›
Let's start off 2022 with a bang! Continue Reading ›
The deadline is December 30. Continue Reading ›
EEOC takes a stand on bathrooms and gender identity. Continue Reading ›
Mere "misuse" of information is not enough. Continue Reading ›
For $250 grand. Continue Reading ›
Sworn in by Justice Clarence Thomas. Continue Reading ›
UPDATE (10/21/20): The vote will now be Monday, Oct. 26. Continue Reading ›
UPDATE (Saturday, 9/26): The nominee is ACB! Continue Reading ›
Test your knowledge! Continue Reading ›
And what employers need to do . . . assuming they haven't already. Continue Reading ›
The case will go on. Continue Reading ›
2019 ends with a bang. Continue Reading ›
A bit of impeachment/employment law trivia. Continue Reading ›
Who's the "swing vote," the "parade of horribles," and more. Continue Reading ›
According to the DOJ. Continue Reading ›
UPDATED (8/17/19)! Continue Reading ›
"The Justice in the bow tie." Continue Reading ›
Mark your calendars! Continue Reading ›
Not much of a showdown. Continue Reading ›
What the Supreme Court's decision in Fort Bend really means. Continue Reading ›
The status, the arguments, and my predictions. Continue Reading ›
Hot darn! Two Friday quizzes in a row! Continue Reading ›
Jack Phillips and the state of Colorado are going their separate ways. Continue Reading ›
A deceased judge can't be the deciding vote, Court says. Continue Reading ›
Sort of. Continue Reading ›
Another chapter in a continuing saga. Continue Reading ›
The Court has delivered employers their first loss in an arbitration case in decades. Continue Reading ›
Can you occasionally skip the EEOC and go straight to court if there's a really good reason? Continue Reading ›
As long as it's the principle (and I think it is). Continue Reading ›
Here's a summary of what you may have missed over the holiday break. Continue Reading ›
This could be big. Continue Reading ›
UPDATED 12/4/18: I was right to be skeptical. Continue Reading ›
Delayed again! Continue Reading ›
What are you thankful for this year? Here is my list. Continue Reading ›
We may know by the end of this month. Continue Reading ›
Nah. They'll just agree to disagree. Continue Reading ›
We wish you the very best. Continue Reading ›
Hurry up and wait. Continue Reading ›
C'mon, Supreme Court: Settle this one! Continue Reading ›
The Colorado baker is going on offense. Continue Reading ›
Hively v. Ivy Tech is ovah! Continue Reading ›
But will the EEOC be allowed to defend? Continue Reading ›
And one judge is not pleased. Continue Reading ›
The announcement will be made at 9 p.m. Monday. Eastern Time, I presume. Continue Reading ›
The list is now down to three: Judge Kavanaugh, Judge Barrett, and Judge Kethledge. Can't wait for Monday! Continue Reading ›
Here is a judge an employer can love. Continue Reading ›
How would Supreme Court contender Amul Thapar be for employers? Continue Reading ›
Justice Anthony Kennedy has announced that he will retire from the U.S. Supreme Court, effective July 31. Continue Reading ›
The employer in the "gay skydiver case" has reportedly asked for Supreme Court review. Continue Reading ›
We now have a split in the circuits. Continue Reading ›
The Sixth Circuit decision seems overall correct, although it contains some "woke dicta," too. Continue Reading ›
Let's look at the arguments, pro and con, that the Supreme Court is likely to hear someday. Continue Reading ›
The issue of whether Title VII prohibits sexual orientation bias will have to be resolved another day. Continue Reading ›
A boss who grabs an employee's breasts without her consent is indeed guilty of sexual harassment. Continue Reading ›
What are you grateful for this year? Here is my list. Continue Reading ›
How much do you know about an employer’s reasonable accommodation obligations under the law(s)? Take this quiz and find out!
Question 1: Which of the following federal employment laws require reasonable
accommodation, either by their terms or as courts have interpreted them over the years?
A. The Americans with Disabilities Act
B. The Family and Medical Leave Act
C. Title VII-religion
D. The Nursing Mothers Act
E. The Pregnancy Discrimination Act
F. All of the above
G. A, C, D, and E
ANSWER: G. The FMLA does not require reasonable accommodation, but all of these other laws do. And there is some overlap between the FMLA and pregnancy or disability accommodation because leave for pregnancy or disability can be a form of reasonable accommodation. Continue Reading ›
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 with the Dems? Could be.) And yesterday, Will had another on the Supreme Court’s temporary stay of an injunction against the Administration’s refugee ban. (A “stay of an injunction of a ban” — triple negative, yay! — means that the Administration can continue, for the time being, to block certain refugees from coming into the United States.) Oral argument on the legal challenge to the President’s March 6 revised travel ban is scheduled for October 10, with a final decision to follow.
Will, thank you for keeping us all up to speed! Continue Reading ›
This is Constangy’s flagship law blog, founded in 2010 by Robin Shea, who is chief legal editor and a regular contributor. This nationally recognized blog also features posts from other Constangy attorneys in the areas of immigration, labor relations, and sports law, keeping HR professionals and employers informed about the latest legal trends.
