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Reverse discrimination claims boosted by Supreme Court

by Paige Good and Harrison Kosmider, McAfee & Taft

Jun 06, 2025 · HR Alerts · California · New York · Texas · Great Lakes · Illinois · Indiana · Michigan · Ohio · Wisconsin · Mid-Atlantic · Delaware · Maryland · New Jersey · Pennsylvania · Virginia · Midsouth · Kentucky · North Carolina · South Carolina · Tennessee · West Virginia · Midwest · Arkansas · Kansas · Missouri · Oklahoma · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming · New England · Connecticut · Maine · Massachusetts · New Hampshire · Rhode Island · Vermont · Southeast · Alabama · Florida · Georgia · Louisiana · Mississippi · Upper Midwest · Iowa · Minnesota · Nebraska · North Dakota · South Dakota · West · Alaska · Arizona · Hawaii · Nevada · Oregon · Washington
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Navigating maternity leave under FMLA

Q Can pregnant employees start their 12 weeks of Family and Medical Leave Act (FMLA) leave before delivery, and if so, will this shorten their amount of postpartum leave? Under the FMLA, eligible employees are entitled...

Aug 01, 2025 · Employment Law Letter · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming

Health plan surcharges pose litigation risks for employers

Many employers implement wellness programs into their employee health plan offers. Wellness programs have varying designs but commonly offer premium discounts to participants who are tobacco-free or achieve certain...

Aug 01, 2025 · Employment Law Letter · Midwest · Arkansas · Kansas · Missouri · Oklahoma

What you need to know to comply with both FMLA and state leave policies

Earlier this year, the U.S. Department of Labor (DOL) issued an opinion letter that addressed the Family and Medical Leave Act’s (FMLA) provision regarding the “substitution” of accrued paid time off (PTO) and its...

Aug 01, 2025 · Employment Law Letter · Midsouth · Kentucky · North Carolina · South Carolina · Tennessee · West Virginia

Federal court vacates EEOC’s PWFA abortion accommodation requirement

On May 21, 2025, the U.S. District Court for the Western District of Louisiana issued a sweeping decision vacating the Equal Employment Opportunity Commission’s (EEOC) final rulemaking to the extent it requires employers...

Aug 01, 2025 · Employment Law Letter · Southeast · Alabama · Florida · Georgia · Louisiana · Mississippi

FCRA willful violation claim advances against consumer reporting agency

The Fair Credit Reporting Act (FCRA) requires employers to present a conditional job offer to a candidate and obtain written consent from the candidate before accessing a consumer credit report for hiring decisions. If...

Aug 01, 2025 · Employment Law Letter · West · Alaska · Arizona · Hawaii · Nevada · Oregon · Washington

NLRB provides new guidance on ‘prompt and fair’ settlements

Settlements of unfair labor practice charges appear to be returning to more traditional standards under new guidance from the National Labor Relations Board’s (NLRB) acting General Counsel (GC) William B. Cowen. Unfair...

Aug 01, 2025 · Employment Law Letter · Midwest · Arkansas · Kansas · Missouri · Oklahoma

SCOTUS eases burden in proving reverse discrimination

The U.S. Supreme Court (SCOTUS) recently issued its long-awaited decision in a case involving a reverse discrimination claim by a heterosexual employee. It’s good news for employees seeking to file claims under Title VII...

Jul 01, 2025 · Employment Law Letter · Texas

SCOTUS rejects added burden on majority-group members to prove discrimination

On June 5, 2025, the U.S. Supreme Court issued its decision in Ames v. Ohio Department of Youth Services, a case that challenged the heightened evidentiary burden imposed on majority-group employees in employment...

Jul 01, 2025 · Employment Law Letter · Midsouth · Kentucky · North Carolina · South Carolina · Tennessee · West Virginia

Be your own advocate: A short guide to self-promotion

Rabbi Hillel the Elder is credited with saying, “If I am not for myself, then who will be for me?” I mention this to students who are about to enter the workforce, and it applies as well to readers of our newsletter. The...

Jul 01, 2025 · Employment Law Letter · Texas

WA passes law broadening pregnancy-related accommodations

Washington state recently passed a new law expanding pregnancy and postpartum workplace accommodation obligations to employers of all sizes and requiring lactation breaks to be paid. On May 20, 2025, Governor Bob...

Jul 01, 2025 · Employment Law Letter · West · Alaska · Arizona · Hawaii · Nevada · Oregon · Washington

Why employers need a biometrics policy and what to include

More employers are using biometrics for timekeeping and security review. The biometric identifiers most frequently used by employers are face scans (“facial recognition”), fingerprints, voiceprints, and video...

Jul 01, 2025 · Employment Law Letter · Southeast · Alabama · Florida · Georgia · Louisiana · Mississippi

WA amends equal pay law to clarify employer requirements, liability

On May 20, 2025, Washington Governor Bob Ferguson signed into law Senate Bill (SB) 5408 to amend the state’s Equal Pay and Opportunities Act (EPOA). SB 5408 makes significant changes to the EPOA, including clarifying the...

Jul 01, 2025 · Employment Law Letter · West · Alaska · Arizona · Hawaii · Nevada · Oregon · Washington