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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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Analysis

Reminder that corporations may not represent themselves in court

The lack of formality in administrative proceedings, such as unemployment claims, can lead corporations, LLCs, and other entities to believe they can file appeals in Arkansas courts. Recent cases have reemphasized that...

Oct 02, 2023 · Employment Law Letter · Midwest · Arkansas

Disciplining employee misconduct: A return to (relative) complexity

The decisions of the National Labor Relations Board (NLRB) have always been subject to change—sometimes shifting in a pro-employer direction, and sometimes prolabor—depending on the political composition of its members...

Oct 02, 2023 · Employment Law Letter · Midwest · Arkansas · Kansas · Missouri · Oklahoma

Complications caused by noncovered event also not covered

The Employee Retirement Income Security Act (ERISA) isn’t limited to only covering pension or retirement benefits. It also covers most fringe benefits, such as health insurance, offered by employers. A recent case before...

Oct 02, 2023 · Employment Law Letter · Midwest · Arkansas

SCOTUS decision makes it more difficult to deny religious accommodations

In a unanimous decision, Groff v. Dejoy, the U.S. Supreme Court revived a former U.S. Postal Service mail (USPS) carrier’s religious bias suit. In the process, the Court upended decades of lower court precedent regarding...

Oct 02, 2023 · Employment Law Letter · Midwest · Arkansas · Kansas · Missouri · Oklahoma

What employers should know about drafting PERM notice of filing

The most common pathway for an employer to hire a foreign worker on a permanent basis is to sponsor the employee for a Green Card. The first step in the sponsorship process is obtaining a permanent labor certification...

Oct 02, 2023 · Employment Law Letter · Midwest · Arkansas · Kansas · Missouri · Oklahoma · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming · West · Alaska · Arizona · Hawaii · Nevada · Oregon · Washington

Employee can’t show firing was because of her gender

Discrimination claims are determined by a three-step analysis. Usually, the third step in this analysis—pretext—is key. Despite the ways in which courts have outlined how pretext for discrimination can be proven, there...

Oct 02, 2023 · Employment Law Letter · Midsouth · Kentucky · North Carolina · South Carolina · Tennessee · West Virginia · Midwest · Arkansas · Kansas · Missouri · Oklahoma

4th Circuit delivers road map for accommodation process

The Americans with Disabilities Act (ADA) requires employers to engage in an interactive, good-faith process to determine if reasonable accommodations can be made for disabled employees that would allow them to perform...

Oct 02, 2023 · Employment Law Letter · Midsouth · Kentucky · North Carolina · South Carolina · Tennessee · West Virginia

The House divided . . . .

By the time you read this, we will know whether the junta called the Freedom Caucus has driven the country into another chaotic government closure. But, then again, the House is nothing short of a House of chaos itself...

Oct 01, 2023 · Federal Employment Law Insider

EEOC releases strategic enforcement plan for FY2024 to 2028

On September 21, 2023, the Equal Employment Opportunity Commission (EEOC) published its strategic enforcement plan for fiscal years (FY) 2024 to 2028 in the Federal Register. The plan extends the agency’s focus to these...

Oct 01, 2023 · Federal Employment Law Insider

OFCCP issues second CSAL for FY2023

On September 11, 2023, the Office of Federal Contract Compliance Programs (OFCCP) published its second Corporate Scheduling Announcement List (CSAL) in fiscal year (FY) 2023. The list of 1,000 contractors includes 973...

Oct 01, 2023 · Federal Employment Law Insider

Congress proposes time limit on Acting DOL Secretary

Both Senate and House Republicans have proposed bills to limit Acting Secretary of Labor Julie Su’s tenure. The House proposed the Department of Labor Succession Act (H.R. 4957), which would place the line of succession...

Oct 01, 2023 · Federal Employment Law Insider

Judge orders Southwest attorneys to religious freedom training

On August 7, 2023, U.S. District Judge Brantley Starr sanctioned three Southwest Airlines Co. attorneys for failing to comply with a court order after the company lost a religious bias lawsuit. The judge sanctioned the...

Oct 01, 2023 · Federal Employment Law Insider

New challenges to DEI after SFFA

The diversity, equity, and inclusion (DEI) and affirmative action programs used by many employers are facing challenges that have escalated following the U.S. Supreme Court ruling on June 29, 2023, in the Harvard College...

Oct 01, 2023 · Federal Employment Law Insider

DOL proposes huge increase on overtime threshold

The Department of Labor (DOL) has proposed an increase to the Fair Labor Standards Act's (FLSA) annual salary-level threshold for white-collar exemptions to overtime requirements—raising it to $55,068 ($1059/week) from...

Oct 01, 2023 · Federal Employment Law Insider