The Sixth Circuit decision seems overall correct, although it contains some "woke dicta," too.
Let's look at the arguments, pro and con, that the Supreme Court is likely to hear someday.
The issue of whether Title VII prohibits sexual orientation bias will have to be resolved another day.
A boss who grabs an employee's breasts without her consent is indeed guilty of sexual harassment.
What are you grateful for this year? Here is my list.
How much do you know about an employer’s reasonable accommodation obligations under the law(s)? Take this quiz and find out!
Question 1: Which of the following federal employment laws require reasonable
accommodation, either by their terms or as courts have interpreted them over the years?
A. The Americans with Disabilities Act
B. The Family and Medical Leave Act
C. Title VII-religion
D. The Nursing Mothers Act
E. The Pregnancy Discrimination Act
F. All of the above
G. A, C, D, and E
ANSWER: G. The FMLA does not require reasonable accommodation, but all of these other laws do. And there is some overlap between the FMLA and pregnancy or disability accommodation because leave for pregnancy or disability can be a form of reasonable accommodation.
Trump’s travel ban scores one with the SCOTUS. This week, in a victory for the Trump Administration, the U.S. Supreme Court dismissed as moot one of the two pending challenges to the March 6 travel ban issued by the Administration and vacated the lower court decision striking down the ban. (That March 6 travel ban has since been replaced by a September 24 travel ban.) Will ...
All immigration, all the time! Will Krasnow of our Boston Office has been working overtime in
following the latest developments, and explaining what they mean for employers. Last Friday, he had this Immigration Dispatch on the end of the Deferred Action on Childhood Arrivals under President Trump. (But is the President now close to a DACA deal with the Dems? Could be.) And yesterday, Will had another on the Supreme Court’s temporary stay of an injunction against the Administration’s refugee ban. (A “stay of an injunction of a ban” — triple negative, yay! — means that the Administration can continue, for the time being, to block certain refugees from coming into the United States.) Oral argument on the legal challenge to the President’s March 6 revised travel ban is scheduled for October 10, with a final decision to follow.
Will, thank you for keeping us all up to speed!
Image Credit: From flickr, Creative Commons license, by Jelene Morris.
Happy Labor Day Weekend, y’all!
The month of August was not kind to the Equal Employment Opportunity Commission. The EEOC’s wellness regulations were shot down by a federal court in the District of Columbia, and earlier this week the agency was told that it could not require employers to report compensation data on the new EEO-1 Reports.
But the EEOC also scored a big ...
Law360 reported this morning that the U.S. Court of Appeals for the Eleventh Circuit refused to rehear the case of Evans v. Georgia Regional Hospital, in which two out of three judges on a panel of the court decided that Title VII did not prohibit discrimination based on sexual orientation. Here is a copy of the Court's order denying the rehearing.
According to the Law360 article, Lambda ...
Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act).
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