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Category: Affirmative Action and Diversity

DOL Blocked From Requiring Contractors And Grantees To Certify Compliance With E.O. 14173

A federal district court has issued a preliminary injunction preventing the Labor Department from requiring recipients of federal contracts and grants to certify that they do not have illegal diversity, equity, and inclusion programs. The order does not affect contracts and grants with agencies other than DOL. The ruling came April 14 in Chicago Women in Trades [CWIT] v. Trump....
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Category: Disability, Accommodations, and Leaves

Federal Court: Catholic Plaintiffs Need Not Abide By Abortion-Related Provisions of PWFA Regs

A federal district court has permanently enjoined the Equal Employment Opportunity Commission from enforcing provisions of its Pregnant Workers Fairness Act regulations related to elective abortions or infertility treatments. However, the injunction will have little effect on private-sector employers. The permanent injunction, issued by the U.S. District Court for the District of North Dakota, applies to the Catholic Benefits Association (CBA)...
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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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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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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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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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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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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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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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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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