October 18, 2023
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Category: ADA

Eleventh Circuit Rules Again That ADA Does Not Allow Claim by Former Employee

Ever since the Americans with Disabilities Act (ADA) was enacted in 1990, federal appellate courts have disagreed as to whether a former employee may bring a discrimination claim under that law. In Stanley v. City of Sanford, Florida, the U.S. Court of Appeals for the Eleventh Circuit recently reaffirmed its position that the ADA does not permit such suits. Despite...
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October 10, 2023
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Category: Litigation

U.S. Supreme Court To Hear Several Important Employment-Related Cases During Upcoming Term

The U.S. Supreme Court will hear several cases concerning employment law during its 2023-2024 term that opened at the beginning of October. While none of these cases is likely to generate the widespread attention received by last term’s college admissions affirmative action ruling, the impact on employers could be extensive. Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit...
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September 25, 2023
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Category: Discrimination and Harassment

DOJ Sues SpaceX Over Alleged Immigration Violations, SpaceX Sues Back

In a legal spat that is garnering widespread attention, the U.S. Department of Justice (DOJ) and rocket and satellite company SpaceX have sued each other over whether the company’s hiring practices violate U.S. immigration law. On August 23, DOJ filed an administrative lawsuit alleging that the company owned by entrepreneur Elon Musk violated the Immigration and Nationality Act (INA) by refusing...
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September 20, 2023
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Category: DACA/DAPA

Federal Court Rules Once Again That DACA Is Unlawful, But Status Quo Remains

A federal trial court has ruled once again that the Obama-era Deferred Action for Childhood Arrivals (DACA) program is fatally flawed despite the Biden Administration’s efforts to codify it by issuing formal regulations. The solution for the DACA program’s deficiencies “lies with the legislature, not the executive or judicial branches,” the U.S. District Court for the Southern District of Texas...
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September 11, 2023
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Category: ADA

Fourth Circuit Affirms That Expanded Damages/Jury Trials Not Available for ADA Retaliation Claims

The U.S. Court of Appeals for the Fourth Circuit has ruled that equitable relief is the only type of remedy available for retaliation claims brought under the Americans with Disabilities Act (ADA). On August 16, 2023, the Fourth Circuit held in Israelitt v. Enterprise Services that the ADA’s anti-retaliation provisions do not provide for compensatory or punitive damages or a...
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September 06, 2023
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Category: Discrimination and Harassment

California High Court Rules Third-Party Vendor Can Be Sued for Discrimination Under State Law

The Supreme Court of California has ruled that a third-party vendor performing job application screening services for an employer can be sued directly for discrimination under the state’s Fair Employment and Housing Act (FEHA). The ruling in Raines v. U.S. Healthworks Medical Group aligns California law with the federal courts’ interpretation that Title VII and other federal antidiscrimination statutes extend...
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August 30, 2023
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Category: Affirmative Action and Diversity

Fresh After Affirmative Action College Admissions Case Win, Plaintiffs Turn to Private Sector

Affirmative action opponents are following their successful Supreme Court challenge of the admissions policies of Harvard and the University of North Carolina by suing entities in the private sector for allegedly discriminatory race-based employment practices. The American Alliance for Equal Rights filed lawsuits against two major law firms, alleging race-based discrimination in their fellowship programs for summer interns. A separate...
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August 29, 2023
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Category: Discrimination and Harassment

5th Circuit Rules Ultimate Employment Decision Not Required for Title VII Disparate Treatment Claim

The full U.S. Court of Appeals for the Fifth Circuit has reversed its own precedent and ruled that an employee can allege a disparate treatment claim under Title VII of the Civil Rights Act even if the claim does not involve an ultimate employment decision such as termination, denial of a promotion, or the setting of pay. In reversing a...
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August 22, 2023
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Category: Immigration

Fourth Circuit Rejects Intentional Discrimination Claim by DACA Beneficiary

In DeLeon Resendiz v. Exxon Mobil Corp., the U.S. Court of Appeals for the Fourth Circuit recently rejected a claim brought under 42 U.S.C. § 1981 by a beneficiary of the Deferred Action for Childhood Arrivals (DACA) program. The Fourth Circuit held that Exxon Mobil did not intentionally discriminate against him by withdrawing its internship offer because he lacked the permanent...
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July 10, 2023
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Category: Affirmative Action and Diversity

Supreme Court Rejects Race as Factor in College Admissions: Impact on Company CD&I Programs?

The consideration of race in the admissions processes at Harvard University and the University of North Carolina (UNC) violates the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution, the U.S. Supreme Court ruled June 29. The Court’s opinion does not appear to threaten federal contractors’ affirmative action plans that are consistent with current regulations. Still, because the...
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