A federal judge in the case of Commonwealth of Kentucky v. Biden has decided President Joe Biden likely overstepped his authority with Executive Order 14042 in requiring federal contractors to mandate COVID-19 vaccinations for their employees. Adding additional complexity and confusion to the already muddied landscape, the decision enjoins the Order for going into effect
Case Law update
Trump Administration Sending Mixed Signals about Support of LGBT of Rights
By Laura A. Mitchell on
Posted in Case Law update, Regulatory Update
In addition to issues involving the environment, immigration, and national security, the Trump Administration has been in the headlines recently for its stance on matters impacting the LGBT community.
As we reported in a late-January, after close deliberation with daughter Ivanka, and son-in-law Jared Kushner, President Trump expressed support for LGBT rights and vowed to…
First Lawsuit Challenging Fair Pay & Safe Workplaces Obligations Filed
By Laura A. Mitchell on
As anticipated, the first lawsuit challenging the legality of the Fair Pay & Safe Workplaces executive order and final rules is now on the books. Filed by the Associated Builders and Contractors, a construction trade group, and the National Association of Security Companies, the complaint contains six counts which allege the Obama administration, the FAR…
U.S. Supreme Court Again Upholds Race-Conscious Admissions Program
By Laura A. Mitchell on
Posted in Case Law update
Today in the case of Fisher v. University of Texas, the U.S. Supreme Court today held, in a 4-3 decision, that the “race-conscious admissions program in use at the time of petitioner’s application is lawful under the Equal Protection Clause.” This is the second time the Court has considered the issue but the…
U.S. Supreme Court to Again Review Higher Education Affirmative Action Case
By Laura A. Mitchell on
Posted in Case Law update
In a week full of front-page news, the United States Supreme Court has agreed to again review the appropriateness of the University of Texas at Austin’s race-based admissions process in the case of Fisher v. University of Texas at Austin.
The Supreme Court first reviewed the school’s consideration of race as a component of…
EEOC Issues Updated Pregnancy Discrimination Guidance
By Laura A. Mitchell on
Posted in Case Law update, Regulatory Update
Responding to the recent United States Supreme Court decision in Young v. UPS, the U.S. Equal Employment Opportunity Commission has issued revised Enforcement Guidance on Pregnancy Discrimination and Related Issues. In its press release announcing the updated guidance, the Agency explained the update to its previously released guidance were limited in scope and…
OFCCP’s Section 503 Regulations Withstand Challenge
By Laura A. Mitchell on
Posted in Case Law update, Compliance Tip
The United States Supreme Court has declined to accept Associated Builders & Contractor’s request to review the legality of OFCCP’s recently enacted regulations for individuals with disability. This rejection signals the end of ABC’s year and a half long challenge of the Agency’s Section 503 regulations.
While this may be the final chapter for…
Decision Issued on Obligation to Post Executive Order 13496 Notice of Labor Rights
By Laura A. Mitchell on
In an update to our post more than a year ago about the National Association of Manufactures’ legal challenge to the posting requirements under Executive Order 13496, a federal district court in Washington, D.C. has rejected NAM’s constitutional challenge to President Barack Obama’s 2010 Executive Order requiring certain federal contractors to post a “Notification…
New Disability Regulations Withstand Continued Challenge
By Laura A. Mitchell on
Posted in Case Law update, Enforcement Update
As a follow up to a story from earlier this year, the D.C. Circuit court has rejected the Associated Builders and Contractors, Inc. (ABCs) challenge of the requirements under the revised regulations implementing Section 503 of the Rehabilitation Act.
In November 2013, ABC filed suit alleging OFCCP issued its recently revised regulations pertaining to…
Court Once Again Upholds University of Texas Consideration of Race as Admissions Factor
Posted on
Posted in Case Law update
As reported more than a year ago, the U.S. Supreme Court remanded the Fisher v. University of Texas case back to the Court of Appeals for stricter scrutiny of the University’s consideration of race in its undergraduate admissions policy. The case centers on Ms. Fisher’s claim she was denied admission to the University based…