April 14, 2025
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Category: Agency Enforcement

Former EEOC Commissioner Jocelyn Samuels Sues for Reinstatement

Jocelyn Samuels, a former Commissioner and Vice Chair of the Equal Employment Opportunity Commission, is seeking reinstatement to the post from which President Trump fired her in January. The lawsuit, filed April 9 in the U.S. District Court of the District of Columbia, contends that Congress did not grant the president the authority to remove EEOC Commissioners. Ms. Samuels, a...
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April 08, 2025
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Category: ADA

Employment-Related Lawsuits Filed in Federal Court Increased Again in 2024

The number of employment-related lawsuits filed in federal courts increased for the second consecutive year, according to statistics from the Administrative Office of the United States Courts (AO). They show that 27,499 employment-related federal lawsuits were filed in FY 2024, an increase of more 5% from FY 2023. Employment-related lawsuits filed under the Americans with Disabilities Act (ADA) increased by almost...
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April 07, 2025
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Category: ADA

Appeals Court: Workers May Qualify for Accommodation Even If They Can Do Job’s Essential Functions

The Americans with Disabilities Act does not preclude employees from receiving a reasonable accommodation even if they are able to perform a job’s essential functions without one, the U.S. Court of Appeals for the Second Circuit ruled March 25. In Tudor v. Whitehall Central School District, a teacher sued her employer after it refused to give her 15-minute breaks to address...
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April 02, 2025
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Category: Affirmative Action and Diversity

Federal Judge Temporarily Stops DOL From Enforcing Part of Executive Orders’ Anti-DEI Provisions

A federal judge on March 27 temporarily stopped the U.S. Labor Department from implementing parts of President Trump’s executive orders relating to diversity, equity, and inclusion. The temporary restraining order from the U.S. District Court for the Northern District of Illinois concerns: the certification provision in E.O. 14173, which requires grant recipients to certify that they do not operate any...
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March 24, 2025
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Category: FLSA

Another Challenge to Biden Administration Independent Contractor Rule Dismissed

The Biden-era independent contractor rule has withstood yet another challenge, so it remains in effect, although the Trump Administration may eventually revisit this rule. Littman v. U.S. Department of Labor involves two freelance writers who challenged the Labor Department’s 2024 independent contractor rule. The rule applies a six-part economic reality test that makes it more likely that workers will be...
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March 12, 2025
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Category: Labor Relations

Federal Court Reinstates NLRB Member Wilcox

President Trump’s removal of Gwynne Wilcox from the National Labor Relations Board was illegal, a federal court ruled March 6. The U.S. District Court for the District of Columbia declared that Wilcox may be removed as an NLRB member only “upon notice and hearing, for neglect of duty or malfeasance in office, but for no other cause.” Wilcox, a Democrat,...
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February 26, 2025
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Category: Disability, Accommodations, and Leaves

Eighth Circuit Rules States Have Standing To Challenge PWFA Regulations

A group of 17 states challenging regulations that require employers to reasonably accommodate employees seeking abortions may proceed with its lawsuit, a federal appeals court ruled February 20. In Tennessee v. EEOC, the U.S. Court of Appeals for the Eighth Circuit found that the states had standing to sue because the EEOC’s rule implementing the Pregnant Workers Fairness Act would...
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February 25, 2025
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Category: Affirmative Action and Diversity

Trump Administration Barred from Enforcing Portions of E.O.s 14151 and 14173

A federal judge has issued a preliminary injunction barring the enforcement of specific provisions of President Trump’s executive orders targeting illegal discrimination and DEI programs—Executive Order 14151, Ending Radical Government DEI Programs and Preferencing, and E.O. 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity. However, the injunction does not change the rescission of E.O. 11246 or the order directing OFCCP to cease...
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February 19, 2025
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Category: Agency Enforcement

EEOC Signals It Won’t Pursue Claims of Gender Identity Discrimination

The Equal Employment Opportunity Commission has moved to dismiss six lawsuits that it filed last year alleging gender identity discrimination against employers. Last week, the EEOC and Harmony Hospitality jointly moved to dismiss the EEOC’s case against Harmony Hospitality, which alleged that Harmony violated Title VII of the Civil Rights Act by firing an employee after learning of the employee’s...
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February 11, 2025
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Category: Executive Order

Fifth Circuit Rules Biden’s Federal Contractor Minimum Wage Increase Lawful

A federal appeals court has upheld former President Biden’s Executive Order 14026 establishing a $15.00 federal contractor hourly minimum wage and indexing it to inflation. In Texas v. Trump, the U.S. Court of Appeals for the Fifth Circuit found the increase to be within the President’s authority under the Procurement Act. The Fifth Circuit concluded that raising the minimum wage to...
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