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    Supreme Court Upholds University of Texas Race-Conscious Admissions Program

    In a long-awaited decision, the Supreme Court recently furnished a victory for affirmative action admissions programs. The 4-3 decision in Fisher v. University of Texas at Austin, written by Justice Kennedy, declared that the University of Texas at Austin’s race conscious admission program passes strict scrutiny. By way of background, affirmative action programs are governed by […]

    Fifth Circuit Expands EEOC’s Ability to Bring Pattern or Practice Discrimination Claims

    In a decision that grants the Equal Employment Opportunity Corporation (“EEOC”) broader discretion to bring pattern or practice discrimination claims against employers, the Fifth Circuit recently held that, at least in that circuit, the EEOC may bring such a claim under Section 706 of Title VII of the 1964 Civil Rights Act. The case, EEOC […]

    Uber and Lyft Drivers Bring Class Action against Companies’ Terminating Services in Austin

    Drivers for Uber Technologies Inc. and Lyft Inc. filed two proposed class actions in California on June 9, 2016, after the companies suddenly removed their services from Austin, Texas following new regulations. The two lawsuits stem from a public referendum, known as Proposition 1, which took place May 9 in Austin, which asked voters whether […]

    The EEOC Calls for Federal Judge to Continue with Sexual Orientation Discrimination Case

    The Equal Employment Opportunity Commission (“EEOC”) asked U.S. District Court Judge Cathy Bissoon in the Western District of Pennsylvania to reject a motion to dismiss in a lawsuit alleging a worker was discriminated against on the basis of his sexual orientation. The lawsuit, originally filed in March by the EEOC, alleges that Dale Baxley, a […]

    Obama Administration Announces Overtime Expansion, Affecting Over 4 Million Workers

    On May 17, 2016, the Obama administration announced a new regulation passed by the U.S. Department of Labor to raise workers’ overtime pay cutoff. The regulation will raise the overtime pay cutoff from $23,660 to $47,476 per year, or $913 per week. By way of background, President Obama called upon the Department of Labor to […]

    Recent Cases Suggest Colleges and Universities Should Review Their Employee-On-Employee Sexual Harassment Policies

    Just this past month, another Title IX lawsuit was filed against Columbia University (“Columbia”). This time, however, it involved the sexual harassment of an untenured professor by her mentor, a tenured professor. Enrichetta Ravina is one of a handful of academics professionally analyzing how individuals handle their retirement savings. In 2008, she joined Columbia’s business […]

    New Federal Bill Seeks to Limit Use of Arbitration Agreements

    Earlier this month, U.S. Senator Patrick Leahy (D-Vt.) introduced a bill, titled “Restoring Statutory Rights and Interests of the States Act of 2016,” that would limit the use of arbitration agreements in civil rights cases, employment disputes, and other lawsuits. The Federal Arbitration Act (the “FAA”), 9 U.S.C. § 1 et seq. provides for judicial […]

    Proposal Introduced in New Jersey to Raise Minimum Wage to $15

    Recently, New Jersey State Senate President Stephen Sweeney (“President Sweeney”) announced that he will attempt to gradually increase the state minimum wage to $15 an hour vis-à-vis a state constitutional amendment. Currently, the federal minimum wage is $7.25 per hour and New Jersey’s minimum wage is $8.38. President Sweeney’s proposal, if passed, will increase the […]

    EEOC Plans to Target Gender Pay Gap by Collecting Pay Data from Large Employers

    On January 29, 2016, nearly seven years after the Lilly Ledbetter Fair Pay Act was enacted into law, the U.S. Equal Employment Opportunity Commission (the “EEOC”) announced a proposed revision to the Employer Information Report, EEO-1, otherwise known as the EEO-1 Report, to include pay data from large employers and federal contractors. By way of […]

    New York State’s New Pregnancy Accommodation Law Takes Effect

    As of January 19, 2016, the Protect Women from Pregnancy Discrimination bill is in effect in New York. The bill, which was signed by New York State Governor Andrew Cuomo in October 2015, requires employers to provide reasonable accommodations for pregnant employees. The Protect Women from Pregnancy Discrimination bill amends the New York State Human […]