President Biden Issues Challenging Executive Order Seeking to Ban or Limit Non-Competes, Occupational Licensing Requirements, and Wage-Sharing

On July 9, 2021, President Biden signed a wide-ranging Executive Order intended to promote competition in the American economy. The E.O. contains 72 initiatives across the whole of government, several of which have a direct employment impact – specifically on non-compete agreements, occupational licensing requirements, and wage-sharing activities between employers. In a fact sheet, the […]

Read More

TOP TIP: Supreme Court Case Reminds Employers to Comply with FCRA’s Technical Requirements

In another non-employment case with employment impact, the U.S. Supreme Court reiterated that only a plaintiff who has suffered concrete harm may bring suit for damages under the Fair Credit Reporting Act (FCRA) – the federal law governing background checks, including for employment purposes. Nonetheless, this case serves to remind employers of the need to […]

Read More

ADA Reasonable Accommodations Need Not Violate the Law

Confirming perhaps an obvious point, the U.S. Court of Appeals for the Second Circuit held that “a binding federal regulation presents a complete defense to an ADA [American with Disabilities Act] failure-to-accommodate claim.” In Bey v. City of New York, Black firefighters with a skin condition that causes pain and scarring with shaving sought an […]

Read More

Lack of Consistency in Applicant Interview Criteria May Support a Discrimination Claim

Employers should be careful to ensure that their interview processes, including the interview criteria, are consistent, as the U.S. Court of Appeals for the First Circuit recently emphasized. In Taite v. Bridgewater State University, an applicant sued the University for race discrimination and, in support of her claim, offered evidence that different interview criteria were […]

Read More

An Assistant to Perform Essential Functions Is Not a Reasonable Accommodation

Under the Americans with Disabilities Act, an employer is not required to provide an assistant to perform an employee’s essential job functions, as the U.S. Court of Appeals for the Fifth Circuit recently noted. In Thompson v. Microsoft Corporation, the employee, who had Autism Spectrum Disorder, sought various accommodations, including an assistant to assist with […]

Read More

Supreme Court Allows Transgender Bathroom Decision to Stand

The U.S. Supreme Court let stand a decision that enabled a transgender student to use the sex-segregated bathroom that corresponded to his gender identity. Although not an employment case, transgender bathroom access is an issue of interest to employers, and this case provides some guidance on the topic. In Gloucester County School Board v. Grimm, […]

Read More