Labor Days
Fourth Circuit Affirms Continued Validity of McDonnell-Douglas Test Following Supreme Court Decision
In Foster v. University of Maryland-Eastern Shore, the Fourth Circuit recently made clear that the McDonnell-Douglas test is alive and well, rejecting a District Court’s decision which had attempted to back away from…
Supreme Court Abercrombie & Fitch Ruling: It’s the Motive that Matters
As most lawyers and HR professionals know, on June 1, 2015, Justice Antonin Scalia authored a concise opinion, overturning the Tenth Circuit and holding that Abercrombie & Fitch had intentionally discriminated against…
Update on EEOC Transgender Litigation
The Equal Employment Opportunity Commission (“EEOC”) has continued its push for increased focus on LGBT discrimination issues, with two cases in federal courts in Florida and Michigan pushing its position that gender…
Federal Courts Now Have the Authority to Review Whether the EEOC has Satisfied its Duty to Attempt Presuit Conciliation
Under Title VII of the Civil Rights Act of 1964 (“Title VII”), the Equal Employment Opportunity Commission ("EEOC") is obligated to investigate charges of discrimination and retaliation in the workplace filed by a…
Can Employers Refuse to Cover Spouses?
The Affordable Care Act (“ACA”) requires employers to cover dependents (meaning children) until they turn 26 years old, or pay a penalty. 42 U.S.C.A. § 300gg-14. However, the ACA does not require employers to cover…