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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February 10, 2025
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Category: Affirmative Action and Diversity

Trump Administration Faces First Legal Challenge on Pair of Diversity Executive Orders

Two of President Trump’s DEI-related executive orders are being challenged in a lawsuit from the National Association of Diversity Officers in Higher Education. NADOHE’s lawsuit, filed February 3 in the U.S. District Court for the District of Maryland, asserts that Executive Orders 14151 and 14713 violate the Constitution’s due process and free speech protections and asks the court to declare...
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January 29, 2025
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Category: Immigration

Fifth Circuit Rules DACA Unlawful

The Deferred Action for Childhood Arrivals program is unlawful, but the program will continue to protect current DACA beneficiaries, the U.S. Court of Appeals for the Fifth Circuit ruled January 17. Under Texas v. United States, new DACA applications will not be processed, but the court stayed its ruling for current DACA beneficiaries so they can keep their DACA status...
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January 22, 2025
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Category: CP Featured

Supreme Court Rejects Higher Evidentiary Standard for Proving FLSA Exemptions

The U.S. Supreme Court last week made it easier for employers to defend their decisions to apply the FLSA’s overtime and minimum wage exemptions. In E.M.D. Sales, Inc. v. Carrera, it unanimously rejected a lower court’s ruling that applied a tougher standard for employers to prove FLSA exemptions. In the January 15 ruling, the Justices held that an employer must...
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December 19, 2024
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Category: Affirmative Action and Diversity

Federal Appeals Court Vacates Nasdaq’s Board Diversity Rules

A federal appeals court has vacated the Nasdaq stock market’s rule requiring Nasdaq-listed companies to disclose diversity data for their boards of directors. In 2021, the Securities and Exchange Commission approved Nasdaq’s proposal to require most Nasdaq-listed companies to have at least one female and one minority/LGBTQ board member or explain their lack of diversity. The rule also required covered companies to...
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December 17, 2024
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Category: Affirmative Action and Diversity

Maryland District Court Allows Naval Academy To Consider Race in Admissions

The Naval Academy’s consideration of applicants’ race in admissions decisions does not violate the Constitution’s equal protection guarantee, a federal court ruled December 6 in Students for Fair Admissions v. U.S. Naval Academy. In upholding the Naval Academy’s practice, the U.S. District Court for the District of Maryland distinguished this case from last year’s Supreme Court Harvard decision, which rejected...
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