Insights

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: Agency Enforcement

OFCCP Sues DISH Network Over Suspended 2018 Audits

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has filed a formal enforcement action against DISH Network, alleging that since 2018 the company has rebuffed OFCCP’s attempts to schedule its establishments for compliance evaluations. OFCCP initially declined to proceed with a formal enforcement action due to lack of jurisdiction, but the complaint asserts that DISH has once again...
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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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September 05, 2023
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Category: FLSA

DOL Proposed Rule Would Make Millions of White Collar Workers Eligible for Overtime

The Department of Labor (DOL) has released its long-expected proposal to revise the regulations governing the minimum wage and overtime exemption for salaried employees under the Fair Labor Standards Act (FLSA). The proposed rule would increase by nearly 55 percent the current salary threshold under which an otherwise exempt white collar worker would qualify for overtime pay. Specifically, the minimum...
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September 05, 2023
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Category: ADA

DOJ Proposes Expanded Web Accessibility Regulations for Public Sector Websites

The U.S. Department of Justice (DOJ) has proposed revisions to its rules governing the accessibility of state and local government websites under Title II of the Americans with Disabilities Act (ADA). The proposed rulemaking would not apply to private sector employers, which are covered by ADA Title III, but it sends a strong signal about DOJ’s attitude toward website accessibility,...
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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 29, 2023
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Category: Agency Enforcement

EEOC Approves New Five-Year Strategic Plan

The Equal Employment Opportunity Commission (EEOC or Commission) has adopted a new five-year Strategic Plan for fiscal years (FY) 2022-2026. The plan is nearly identical to the draft plan that the agency published for public comment last November. Now that the Strategic Plan is finalized, the EEOC is likely to soon finalize its five-year Strategic Enforcement Plan (SEP). The SEP...
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August 28, 2023
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Category: Agency Enforcement

OMB Approves OFCCP’s Burdensome New Scheduling Letter

The White House Office of Management and Budget (OMB) has approved major changes to the Scheduling Letter used by the Office of Federal Contract Compliance Programs (OFCCP) to schedule federal contractors for routine compliance audits. The new version of the letter, which will be valid through August 31, 2026, will substantially increase a contractor’s burden of providing data to the...
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August 23, 2023
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Category: Wage and Hour

DOL Finalizes Wage Regulations Benefiting Union Construction Contractors

The Department of Labor (DOL) has finalized significant revisions to its regulations implementing the Davis-Bacon Act (DBA) for the first time in 40 years. The revisions are likely to make it much easier for unionized construction firms to obtain contract awards by significantly increasing the use of union wage rates in setting prevailing wages on federal construction projects. The revised regulations...
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