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June 28, 2024
By knocking down a powerful precedent that has towered over administrative law for 40 years, the U.S. Supreme Court's right wing Friday gave a crowning achievement to anti-agency attorneys. But for those attorneys, the achievement is merely a means to an end, and experts expect a litigation blitzkrieg to materialize quickly in the aftermath.
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June 28, 2024
The U.S. Supreme Court's decision to overrule a decades-old judicial deference doctrine may cause the "eternal fog of uncertainty" surrounding federal agency actions to dissipate and level the playing field in challenges of government policies, but lawyers warn it raises new questions over what rules courts must follow and how judges will implement them.
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June 28, 2024
California legislators in both the Senate and Assembly overwhelmingly backed big changes to California's Private Attorneys General Act, including an adjustment to how penalties are assessed to employers and awarded to employees, sending the package to Gov. Gavin Newsom's desk.
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June 28, 2024
The Fourth Circuit on Friday declined to reinstate a lawsuit that a Black former manager brought against a bank accusing it of firing her because she complained about racial bias, saying she failed to rebut the company's argument that she was let go because of her poor performance.
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June 28, 2024
A Tennessee federal jury awarded a former BlueCross BlueShield employee more than $680,000 after it found the insurance company failed to accommodate her when she was fired for refusing its COVID-19 vaccination mandate because of her religious convictions.
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June 28, 2024
The Ninth Circuit upheld a mining company's jury win over a truck driver's lawsuit claiming he was fired because he took time off after a workplace injury, saying Friday that employers don't have to rely on medical evidence to challenge a doctor's diagnosis under federal medical leave law.
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June 28, 2024
A nonprofit that provides career opportunities for individuals with disabilities agreed Friday to pay $1 million to resolve a lawsuit from the U.S. Equal Employment Opportunity Commission accusing it of failing to provide sign language interpreters and firing employees who needed to take medical leave.
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June 28, 2024
The Eighth Circuit revived a physical therapist's lawsuit Friday alleging a healthcare nonprofit treated her differently because she had a religious exemption from its COVID-19 vaccine mandate, telling the lower court to assess her case through the lens of a recent U.S. Supreme Court decision.
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June 28, 2024
Eric Trump can assert attorney-client privilege to avoid turning over most of a batch of emails sought by Trump 2016 campaign aide Arlene "AJ" Delgado in her pregnancy retaliation suit claiming she was banished from former President Donald Trump's orbit after a fellow staffer got her pregnant.
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June 28, 2024
Vedder Price has hired an employment litigator from Morgan Lewis & Bockius LLP as a shareholder in its Chicago office, the firm announced Friday.
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June 28, 2024
Workplace diversity, equity and inclusion efforts took a hit after the U.S. Supreme Court handed down a blockbuster decision one year ago scrapping affirmative action in college admissions, but experts say employer interest in crafting DEI programs is bouncing back.
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June 28, 2024
The U.S. Equal Employment Opportunity Commission urged an Illinois federal court to keep afloat its suit accusing a hog farm of allowing its president and a worker to harass a transgender female employee, saying it put forward enough details to back up its claims.
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June 28, 2024
In a rare move, the U.S. Supreme Court will issue opinions into the beginning of July as the court tries to clear its merits docket of three remaining cases dealing with presidential immunity, whether governments can control social media platforms' content moderation policies and the appropriate deadline to challenge agency action.
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June 28, 2024
The U.S. Supreme Court on Friday overturned a decades-old precedent that instructed judges about when they could defer to federal agencies' interpretations of law in rulemaking, depriving courts of a commonly used analytic tool and leaving lots of questions about what comes next.
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June 27, 2024
Tesla must face a Black ex-employee's claims of race discrimination in court, a California appeals court ruled Wednesday, affirming a lower court's finding that the electric vehicle maker lost its chance to arbitrate the claims after it failed to pay arbitration fees on time.
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June 27, 2024
The Sixth Circuit backed the dismissal Thursday of a white principal's suit claiming race bias and violations of free speech after she was placed on paid leave under a gag order following claims she helped a custodian commit wage fraud, ruling her case lacks enough detail to warrant revival.
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June 27, 2024
The newest commissioner at the U.S. Equal Employment Opportunity Commission urged plaintiff-side employment lawyers at a conference Thursday to keep fighting for lawful diversity, equity, inclusion and accessibility initiatives, and data collection to ensure equal employment opportunities.
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June 27, 2024
The Eleventh Circuit on Thursday backed a Florida radiology practice's defeat of a doctor's lawsuit alleging he was fired because he requested medical leave, ruling a lower court didn't err when it blocked him from presenting evidence he hadn't previously disclosed.
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June 27, 2024
The trend toward pay transparency continued this year, as states and cities made legislative changes to narrow the race and gender pay gap by requiring employers to share pay ranges for available jobs. Here are five laws with upcoming effective dates attorneys should keep an eye on.
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June 27, 2024
A former employee of a property management company claimed in Arizona federal court that she faced age discrimination on the job from the residents of an Arizona community for older people, and that the company did nothing about it.
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June 27, 2024
The Sixth Circuit declined Thursday to reinstate a lawsuit a former pretrial services investigator lodged against a Michigan circuit court accusing it of passing her over for a promotion because she's Black, saying her failure to show bias — not her poor interviewing skills — cost her the role.
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June 27, 2024
The Sixth Circuit dismissed on Thursday an appeal from a group of doctors attempting to block the U.S. Department of Health and Human Services from enforcing prohibitions on gender-identity discrimination under the Affordable Care Act, finding subsequent agency action overruled the doctors' claims.
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June 27, 2024
Lewis Brisbois Bisgaard & Smith LLP announced that a labor and employment attorney with more than 40 years of experience has joined the firm's Reno, Nevada, office as a partner.
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June 27, 2024
An Illinois federal judge threw out a lawsuit by a longtime engineer accusing Union Pacific of passing him over for promotions because he's Black, saying he failed to rebut the railroad company's argument that it went with better-qualified applicants for the roles he sought.
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June 27, 2024
Two Hawaii staffing nonprofits have agreed to pay $325,000 to resolve a U.S. Equal Employment Opportunity Commission suit alleging they refused to provide deaf employees with a sign language interpreter during staff meetings, according to a filing in federal court.