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Category: Discrimination and Harassment

Justices Reject Tougher Standard for Discrimination Claims by Majority-Group Plaintiffs

In a unanimous decision, the U.S. Supreme Court rejected the use of a heightened evidence standard for majority-group plaintiffs in Title VII discrimination claims. The court ruled June 5 that the same standards apply to all plaintiffs under Title VII, regardless of their race or sex. The case, Ames v. Ohio Department of Youth Services, was filed by a heterosexual...
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Category: Government Contracts

Federal Court Blocks Attempt To End PLA Mandate for Large Construction Projects

A federal court has issued a preliminary injunction that effectively requires federal contracting agencies to continue to require Project Labor Agreements (PLAs) for large-scale construction projects. The U.S. District Court for the District of Columbia made the ruling May 16 in North America’s Building Trades Unions v. Department of Defense. In January 2024, the Federal Acquisition Regulatory (FAR) Council implemented...
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Category: Disability, Accommodations, and Leaves

Judge Vacates Workplace Abortion Accommodation Provisions of PWFA

The Equal Employment Opportunity Commission cannot mandate accommodations to employees undergoing elective abortions, a federal judge ruled May 21. The U.S. District Court for the Western District of Louisiana ordered the EEOC to remove abortion accommodation requirements from its Pregnant Workers Fairness Act rule. The judge vacated the parts of the PWFA rule that included abortion in the definition of “pregnancy, childbirth or...
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Category: Affirmative Action and Diversity

Federal Court Cancels FCC Demographic Data Collection

A federal appeals court has vacated an order from the Federal Communications Commission that would have required broadcasters to file annual workplace demographic reports similar to the EEO-1. The FCC mandated these reports from 1970 to 2001 until court rulings led to their suspension. Last year, the FCC voted 3 to 2 to reinstate Form 395-B, demanding demographic data from...
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Category: Discrimination and Harassment

Federal Court Vacates Key SOGI Provisions of EEOC Harassment Guidance

A federal court has vacated portions of the Equal Employment Opportunity Commission’s guidance related to workplace harassment of LGBTQ+ employees. On May 15, the U.S. District Court for the Northern District of Texas ruled that the EEOC exceeded its authority by issuing the guidance in April 2024. It struck down the portions that define “sex” to include “sexual orientation” and “gender...
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Category: Arbitration and Dispute Resolution

Sixth Circuit: Anti-Arbitration Law Could Apply to Conduct Occurring Before Law’s Effective Date

The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act can apply to sexual harassment disputes arising from conduct that occurred before the EFAA was enacted, a divided panel of the U.S. Court of Appeals for the Sixth Circuit held April 18 in Memmer v. United Wholesale Mortgage. The EFAA is an amendment to the Federal Arbitration Act that...
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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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