President Trump's Supreme Court nominee Judge Neil Gorsuch is still looking good to me. I've now read his famous (among law nerds, anyway) concurrence in Gutierrez-Brizuela v. Lynch, in which he criticizes the Chevron doctrine. (Judge Gorsuch also wrote the majority opinion in Gutierrez-Brizuela, but his concurrence starts at pdf page 15.)

The Chevron doctrine, from a 1984 U.S ...

It's Neil Gorsuch! President Trump's nominee for the Supreme Court was Judge Neil Gorsuch of the U.S. Court of Appeals for the Tenth Circuit. If you watched the announcement on TV last night, you already know about his impressive credentials. If confirmed, Judge Gorsuch will fill the vacancy created by the death last year of Justice Antonin Scalia, and he'll be the first Supreme Court ...

Must-see TV! President Trump said last night that he would be announcing at 8 p.m. EST tonight his nominee for the U.S. Supreme Court vacancy that was created by the death of Justice Antonin Scalia. You have to hand it to the President for scheduling the announcement for prime time, when everyone can watch. Although I think it would be even better if he had all the candidates with him ...

President Trump announced yesterday that he would be naming his nominee for the U.S. Supreme Court next week. The nominee, if confirmed, will fill the seat vacated by the late Justice Antonin Scalia.

According to most news sources, the three leading contenders are U.S. Court of Appeals Judges William Pryor (Eleventh Circuit), Neil Gorsuch (Tenth Circuit), and Thomas Hardiman ...

This week, the Equal Employment Opportunity Commission issued a proposed Enforcement Guidance on workplace harassment. It's 75 pages long, so a little too much to cover in a single blog post. The EEOC is seeking comments from the public until February 9, so I will start with the comment-worthy provisions. Next week, I'll post about the proposed Guidance more generally. Overall, the ...

A federal judge in the District of Columbia has denied the AARP's request for a preliminary injunction against the wellness rules issued by the Equal Employment Opportunity Commission last May. As a result, the EEOC rules -- which establish when participation in an employer-sponsored wellness program is "voluntary" within the meaning of the Americans with Disabilities Act and the ...

Feeling whipsawed?

Last summer, I reported on the Hively v. Ivy Tech decision, in which a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit ruled that discrimination based on sexual orientation is not "sex discrimination" or unlawful sex stereotyping that violates Title VII. That decision has since been vacated, and the case will be heard again on November 30 by ...

The Equal Employment Opportunity Commission is only the latest in a string of federal agencies who've been sued recently in an effort to stop their regulations from taking effect.

We have the two lawsuits against the U.S. Department of Labor challenging the overtime rule that is scheduled to take effect on December 1 (argument in those cases will be heard November 16), the lawsuit that ...

I'm a week late with this follow-up. (Sorry.)

Two weeks ago, I posted about an employee (fictionally named "Zoey") who had a peanut allergy. After she asked a peanut-butter-loving co-worker ("Addison") to be considerate, Zoey found a big glob of peanut butter smeared under her desk, which caused her to get sick. Addison denied being responsible.

To recap from last time:

*I said I ...

Karla Miller of the "WorkAdvice" column in the Washington Post had a doozy last week.

I'm going to assume that all the people involved in this story are female. I'm probably wrong, but that will allow me to make up fake names for them.

PEANUT BUTTER PASSION

The letter writer (let's call her Zoey), had a peanut allergy and worked in a small office. Zoey asked a co-worker (let's call her ...