by Whitney Brown, Lehr Middlebrooks Vreeland & Thompson, P.C.
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Courts use a three-part test to see whether there’s enough circumstantial evidence to allow an employment discrimination case to get to trial. The case below is one more example that it isn’t a difficult test to pass...
After more than five years of “no holds barred” litigation, an employee received a jury award of $3.3 million. The worse news was the attorneys’ fees award of almost $5,000,000 that followed. Tough litigation tactics...
The U.S. Department of Justice (DOJ) has started investigating federal contractors and grant recipients for allegations that diversity, equity, and inclusion (DEI) programs violate antidiscrimination laws. Background In...
One of the central facets of the unitary executive theory is that the executive branch of government should operate as a single, fully coordinated entity, with all decisions (major and minor) and all appointees (major...
Beginning with President Trump’s Executive Order (EO) 14168, Defending Women From Gender Ideology Extremism and Restoring Biological Truth To The Federal Government, the Trump administration has made clear it will...
Employers should prepare for expanded religious accommodation and religious expression obligations under the second Trump administration. Trump admin focuses on workers’ ‘religious freedom’ In August, the Office of...
On September 11, 2025, Senate Republicans changed the rules to break a Democratic blockade of President Trump’s nominees. The change lowered the existing 60-vote threshold for considering a group of presidential nominees...
The disarray at the National Labor Relations Board (NLRB), now with only one member and an acting general counsel (GC), has prompted states to start acting on their own to provide methods of resolving labor disputes that...
Employers across the United States may at some point have employees who serve in the National Guard and are called away for declared emergencies. Such deployments may raise questions about how employers can manage...
In an anticipated reversal, the Federal Trade Commission (FTC) dropped its appeal in a case that enjoined a commission rule issued during the Biden administration banning noncompete clauses for most employees. The FTC...
K Street is holding its tongue—along with the rest of America. And that’s a shame. We are enduring the most coordinated attack on our First Amendment rights by the federal government since the Alien and Sedition Act of...
Although the Family and Medical Leave Act (FMLA) has been in effect since 1993, employers still make administrative mistakes that limit their rights and can lead to litigation. Here is my Top 10 list of employer and...
The Supreme Court’s 2024 decision in Muldrow v. City of St. Louis set the stage for an increase in claims arising out of circumstances in which an employee experiences a change in their working conditions that doesn’t...
“I can do what I want!” “You’re not the boss of my mind!” “I have a First Amendment right to say whatever I want!” Whether from a precocious preteen or a challenging subordinate, the last of these exclamations can...
The Nebraska Supreme Court recently concluded an Omaha Police Department (OPD) officer had produced enough evidence on each element of his retaliation claim to survive his former employer’s request for summary judgment...
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