Yesterday, I posted about a disability discrimination case that the employer did not really screw up. Even so, a few less-than-optimal moves resulted in an adverse jury verdict that was upheld on appeal.

In Chapter 2 of our series on "employers who didn't really screw up but still lost" is a sexual harassment case that bothers me, involving the Idaho Department of Corrections ...

Can an outside attorney defending an employer in a lawsuit under the Fair Labor Standards Act be liable for retaliation against the plaintiff-employee based on litigation tactics? One court answered that question "yes" last week.

Are these judges crazy? You decide.

In Arias v. Raimondo, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit reversed dismissal of ...

You may have heard by now that not one, but two, federal courts have struck down President Trump's second attempt at a travel ban Executive Order. As always, Will Krasnow and Jeanette Phelan from our Immigration Practice Group have the story, including links to the two court decisions. Last we heard, President Trump is done with rewrites -- he plans to take the battle to the Supreme ...

Yesterday, a panel of the U.S. Court of Appeals for the Ninth Circuit denied the Trump Administration's motion to stay the temporary restraining order issued by a federal judge in Seattle. This means that the TRO, which blocks the temporary travel ban from taking effect, will remain in place. The Administration may seek review by all of the judges on the Ninth Circuit or by the U.S. Supreme ...

*EDITOR'S NOTE: This "daily" stuff has now officially become "more or less -- maybe once a week, anyway."

For background on the immigration issue, please see this bulletin and this follow-up, both by Will Krasnow and Jeanette Phelan of our Immigration Practice Group. The oral argument before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit will take place by ...

Attention, New York employers! The Empire State (and the Big Apple) have enacted a number of employment-related laws -- including minimum wage, family leave, freelance worker protections, and bathroom designations -- that have recently taken effect, or will take effect in the not-too-distant future. Anjanette Cabrera and Stephen Stecker from our New York City Office have an ...

Roberts v. Clark County (NV) School District involved a female-to-male transgender police officer. Although the School District later changed its policy, when Bradley Roberts first told the District in 2011 that he was presenting as a male, he was told that he could not use the men's room until he submitted proof of gender reassignment surgery. But he wasn't allowed to use the ...

You may recall that in early October the U.S. Supreme Court declined to review decisions from U.S. Courts of Appeals for the Fourth, Seventh, and Tenth circuits* that struck down same-sex marriage bans.

At that time, every federal appellate court facing the issue -- in addition to these three, the Ninth Circuit -- had found that same-sex marriage bans were unconstitutional.

Until ...

It has been a long time since we talked about the Family and Medical Leave Act, but a couple of interesting and noteworthy decisions came out this week from Way Out West.

Our first case, from a federal district court in Oregon, answered the following question:

Can an employer require a doctor's note every time an employee takes intermittent FMLA leave?

YES

NO

C'mon! Even if he's an abuser?

As you all know, the Americans with Disabilities Act excludes "current users of illegal drugs" from protection. Meaning that an employer is free to take action against applicants or employees based on their current use of illegal drugs.

A question that has arisen a few times, and which I've managed to sidestep, has been this: What about current use of medical marijuana? Assuming the ...