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  • Monthly Archives: August 2015

    NFL Deflategate Suit: Paving The Way For Forum Shopping in Federal Court

    When a plaintiff decides to bring a lawsuit, one of the most crucial decisions he has to make is which judicial forum the case should be brought in. Many people only distinguish between state and federal courts. However, significant differences exist between the federal courts themselves. These differences can affect not only the parties’ litigation […]

    Ninth Circuit Issues Stay in O’Bannon Antitrust Lawsuit

    Recently, the U.S. Court of Appeals for the Ninth Circuit (the “Ninth Circuit”) granted the National Collegiate Athletic Association’s (the “NCAA”) request for a stay of a federal judge’s ruling that makes it illegal for the NCAA to prohibit colleges from compensating athletes for the commercial use of their names, images and likenesses.  The stay […]

    U.S. Supreme Court Set to Rehear University of Texas Affirmative Action Case

    Recently, the U.S. Supreme Court announced it would revisit Fisher v. Texas, the affirmative action case it initially heard in 2013.  The first time it heard the case, the Court remanded the case to the lower court to determine the issue of whether the University of Texas’ affirmative action program was constitutional.  Now, after the […]

    Second Circuit holds that the Affordable Care Act does not violate the Religious Freedom Restoration Act

    On August 7, 2015, in Catholic Health Care System v. Burwell, the Second Circuit Court of Appeals held that the Religious Freedom Restoration Act (“RFRA”) is not violated by certain regulations promulgated under the Affordable Care Act (“ACA”) that permit religious not-for-profit employers to opt-out of providing contraception coverage while enabling their employees to receive […]

    Federal Court Dismisses Transgender Student’s Title IX Claims in Restroom Lawsuit

    Last week, U.S. District Judge Robert G. Doumar ruled that a school board’s decision to prohibit a transgender student from using the male restroom does not constitute unlawful discrimination under Title IX of the Education Amendments of 1972, 20 U.S.C. §1681 et seq. (“Title IX”), a federal law that prohibits discrimination on the basis of […]

    President Obama Drafts Executive Order Requiring Paid Sick Leave for Government Contractors

    On August 5, 2015, President Obama drafted an executive order that would require all employers that contract with the federal government to provide paid sick leave to individuals who are sick, seeking medical attention, or caring for a sick family member. Employers should take note that paid sick leave initiatives have gained considerable traction over […]

    Second Circuit Rejects Ledbetter Application to Job Bias Cases

    In a recent case, the U.S. Court of Appeals for the Second Circuit (“Second Circuit”) narrowed the scope of extended time limits offered by the Lilly Ledbetter Pay Fairness Act of 2009 (the “Ledbetter Act”). By way of brief background, in Davis v. Bombardier Transportation Holdings (USA), Natasha Davis sued her employer alleging that she […]

    Wal-Mart Accused of Gender-Discrimination Because of Anti-Gay Insurance Policies

    In Cote v. Wal-Mart Stores, Wal-Mart is facing the possibility of a class action suit from a former employee who claims that the company’s denial of healthcare benefits to her same-sex spouse amounts to sex discrimination. The suit was filed by Gay & Lesbian Advocates & Defenders (GLAD) and the Washington Lawyers’ Committee for Civil […]

    UPS Faces Unlawful Religious Discrimination Charges for Violating Title VII

    On July 15, 2015, the Equal Employment Opportunity Commission (“EEOC” or the “Commission”) filed a complaint, EEOC v. United Parcel Service; Civil Action No. 1:15-cv-04141, in the Eastern District of New York against United Parcel Service, Inc. (“UPS”), the country’s leading package delivery service, for purportedly violating its employees’ religious rights. In the recently filed […]

    The Sixth Circuit Finds Complaints to Harassing Supervisor Constitute Protected Activity Under Title VII

    A recent U.S. Court of Appeals for the Sixth Circuit (“Sixth Circuit”) decision could have major implications for employers within its jurisdiction. In EEOC v. New Breed Logistics, No. 13-6250, 2015 U.S. App. LEXIS 6650, the court declined to reconsider a holding that “a demand that a supervisor cease his/her harassing conduct constitutes protected activity […]