Litigation Archives - Page 7 of 9 - Employment Advisory Services, Inc.

January 17, 2024

Category: Data and Statistics

Employment-Related Lawsuits Filed in Federal Court Increased in 2023

Total employment-related lawsuits filed in federal courts increased by nearly 9% in fiscal year 2023 over the preceding year, according to statistics from the Administrative Office of the U.S. Courts. A 21% increase in suits filed under the Americans with Disabilities Act (ADA) led the uptick, which ended a four-year downward trend in the filing of employment-related federal lawsuits. Despite the...

January 17, 2024

Category: Arbitration and Dispute Resolution

Federal Court Cements Ban On California’s Latest Attempt To Outlaw Employment Arbitration

California cannot prohibit employers from requiring employees to sign arbitration agreements as a condition of employment, under a federal court order entered January 2, 2024. The permanent injunction came in a lawsuit from the U.S. Chamber of Commerce challenging a 2019 California law that effectively barred mandatory arbitration of employment disputes. The order from the U.S. District Court for the Eastern...

January 10, 2024

Category: ADA

Tenth Circuit Rejects Open-Ended Leave as ADA Reasonable Accommodation

The U.S. Court of Appeals for the Tenth Circuit has ruled that a request for open-ended leave by a casino worker whose absences violated the casino’s no-fault attendance policy was not a reasonable accommodation under the Americans with Disabilities Act (ADA). In Davis v. PHK Staffing, the Tenth Circuit upheld a federal trial court’s grant of summary judgment for the...

January 04, 2024

Category: Compliance Reporting and Recordkeeping

Federal Court Tells OFCCP To Disclose Consolidated EEO-1 Data, Despite Contractor Objections

A federal district court in California has ordered the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) to turn over federal contractors’ EEO-1 “Type 2” consolidated data in response to a Freedom of Information Act (FOIA) request filed by the Center for Investigative Reporting (CIR), a California-based public interest group. After giving contractors time to object, in April 2023, OFCCP...

December 13, 2023

Category: Discrimination and Harassment

Eleventh Circuit Rules No Discrimination If Hiring Officials Didn’t Know Applicant’s Race

The U.S. Court of Appeals for the Eleventh Circuit ruled in a non-precedential opinion in Tolley v. Mercer University that a white applicant for a professorship failed to prove race discrimination because he could not show that the university officials who rejected his application knew his race. Employment discrimination is about actual knowledge and real intent, not constructive knowledge and...

December 07, 2023

Category: Labor Relations

Fifth Circuit Reverses Biden-Era NLRB Ruling on Tesla’s “Team Wear” Policy

The U.S. Court of Appeals for the Fifth Circuit has overturned a ruling from the National Labor Relations Board (NLRB) finding that a team-wear policy of non-union automaker Tesla violated federal labor law. Tesla’s policy required employees to wear t-shirts emblazoned with the company logo. It allowed employees to wear stickers with union insignia on the shirts, but it did...

December 05, 2023

Category: Litigation

DOJ Appears To Give Up on Criminal “No-Poach” Prosecutions

The U.S. Department of Justice (DOJ) has dropped its remaining no-poach criminal case, apparently abandoning its strategy of challenging employers’ no-hire agreements as criminal conspiracies under the antitrust laws. On November 15, 2023, a federal trial court in Texas granted DOJ’s motion to dismiss criminal charges against Surgical Care Affiliates (SCA) and SCAI Holdings for allegedly conspiring not to hire...

November 28, 2023

Category: Compliance Reporting and Recordkeeping

CWC Files “Declaration” Supporting DOL in Ongoing EEO-1 FOIA Litigation

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, filed a declaration with the U.S. District Court for the Northern District of California supporting the objection of the Department of Labor (DOL) to releasing EEO-1 data for which federal contractors claim an exemption under the Freedom of Information Act (FOIA). In response to a request from the Center...

November 28, 2023

Category: Congress

NLRB Delays Joint Employer Rule Effective Date in Response to Legal Challenges

The National Labor Relations Board (NLRB) has postponed the effective date of its controversial new joint employer rule until February 26, 2024, two months later than the originally announced effective date of December 26, 2023. The Board said it is delaying the rule’s implementation “to facilitate resolution of legal challenges.” Two lawsuits have been filed to challenge the rule—one by...

October 23, 2023

Category: Compensation

Recent Equal Pay Case Illustrates How Federal and State Law Outcomes Can Vary

A recent equal pay discrimination ruling by the U.S. Court of Appeals for the Second Circuit serves as a reminder that a court can reach different outcomes depending on whether it is applying federal law or a more expansive state law. In Eisenhauer v. Culinary Institute of America, a female professor for the Culinary Institute of America sued under both New York...

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