Tag: SCOTUS

April 11, 2024

Corporate diversity, equity, and inclusion (DEI) programs continue to face new challenges after the Supreme Court’s decision last year banning explicit use of race in admissions to higher education—SFFA v. Harvard/UNC. It’s important to recognize that although the Court’s decision […]

August 23, 2023

Since 1977, employers evaluating whether an employee’s religious accommodation request would cause undue hardship on their business had a low burden to meet. A denial of a religious accommodation could likely be justified if the proposed accommodation involved more than […]

April 13, 2023

The title is a prediction, not a done deal. But no later than June 2023, I believe the U.S. Supreme Court will jettison a 46-year-old case that neutered an employer’s obligation to reasonably accommodate all aspects of an employee’s religious […]

July 11, 2022

Voluntary arbitration agreements involving federal law are enforced under the Federal Arbitration Act (FAA). Section 1 of the FAA exempts certain classes of workers, however, from the enforcement of arbitration. The U.S. Supreme Court recently resolved a federal circuit court […]

June 28, 2022

A number of high-profile companies are speaking out against the U.S. Supreme Court’s (SCOTUS) decision overruling Roe v. Wade, and they are backing up their criticism by vowing to help employees wishing to travel for legal abortions. But employers taking […]

June 12, 2019

Halfway through the current administration, it’s unlikely there will be much significant employment legislation passed between now and the next election. With the Democrats controlling the House of Representatives, it doesn’t really matter what laws the president proposes and the […]