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Trump Targets a Major Legal Theory of Discrimination
We all know what “intentional” discrimination means. But what about facially non-discriminatory policies or practices that have a discriminatory effect ? The U.S. Supreme Court invented a then-novel, and still somewhat…
What Can the EEOC Do Without a Quorum?
In the first week of the Trump administration, along with a flurry of executive orders, the President appointed Andrea Lucas as the Acting Chair of the Equal Employment Opportunity Commission (“EEOC”). Within days, he…
New Jersey Supreme Court Rules that Non-Disparagement Clauses Violate #MeToo Law
In recent years, state #MeToo laws have slowly but surely chipped away at the use of confidentiality or non-disclosure clauses in settlement agreements. Employers have attempted to get “creative” and have relied more…
How does the Supreme Court’s Muldrow Decision Affect Title VII Lawsuits?
A U.S. Supreme Court with a conservative majority is still capable of surprising us. In Muldrow v. St. Louis, the Court lightened the burden on employment discrimination plaintiffs by lowering the legal ‘bar’ for an…
Update on Discrimination and Unfairness – The FTC’s Case Against Passport Automotive Group
In late September, we blogged about a lawsuit that the Chamber of Commerce and other business groups filed against the CFPB, challenging the CFPB’s update to its Supervision and Examinations Manual. As updated, the…