The Spring 2016 edition features (in order of appearance) Naveen Kabir on the Supreme Court's Tyson Foods decision, Anna Rothschild on the Supreme Court after Justice Scalia and Merrick Garland's record on labor and employment cases, Mallory Schneider Ricci on the Supreme Court's CRST Van Expedited v. EEOC decision (if you haven't already, please check out Marcia McShane's very ...

I admit it.  I have a crush on Justice Thomas.  Today’s unanimous Supreme Court opinion in CRST Van Expedited, Inc. v. EEOC – holding that a merit-based dismissal is not necessary for a defendant to qualify as the “prevailing party” in a Title VII case – would make any employment defense lawyer’s heart skip a beat.

But the majority opinion is not what caused me to ...

Last October, I posted about a consent decree entered into between Wal-Mart and the Equal Employment Opportunity Commission, in which Wal-Mart agreed to pay $72,500 to candidate for a store job in Maryland whose offer was withdrawn because she couldn’t undergo a urine test for drugs.

The candidate had end-stage renal disease.

Now, Kmart has been hit, too, in a case involving almost ...