What This Means for Employers:
The Supreme Court did not opine on the impact of this ruling in other cases. The D.C. Circuit however held that the actions of Solomon (and those acting on his behalf) were voidable, but not automatically void. Employers who raised a similar FVRA objection in cases that are still pending will likely benefit from this ruling. In other pending cases where this objection was not raised, it may still be worthwhile to raise it now – although such objections may be deemed to have been waived by not being argued previously.