Supreme Court Ruling: Title VII Prohibits LGBTQ Discrimination

On June 15th, 2020, in a 6-3 decision, the U.S. Supreme Court ruled that employment discrimination on the basis of sexual orientation and/or gender identity is prohibited under federal civil rights law, speficially Title VII of the 1964 Civil Rights Act (Title VII). In the majority opinion, Justice Neil Gorsuch stated: “An employer who fires […]

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Blue State AGs Ask Supreme Court to Review Obamacare Ruling

UPDATE: On Jan. 7, the Supreme Court set a Friday afternoon deadline for ACA opponents to respond to the Blue State coalition’s request to expedite the case to be resolved before the November 2020 election. Led by California, a coalition of 20 Blue State attorneys general (AGs), plus the District of Columbia, has petitioned the […]

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Supreme Court Upholds Power of Regulators, Mostly…

In a case that various interest groups wanted to see end what is known as “Auer deference,” the Supreme Court instead affirmed the 1997 decision behind the principle but in so doing sought to place limits on government regulators. The Auer deference means that justices at all levels should defer to government agencies’ interpretations of […]

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Five Cities Sue Trump Administration Over Obamacare

A coalition of five cities has sued President Trump and officials at the Department of Health and Human Services (HHS) for deliberately “sabotaging” the Affordable Care Act (ACA, or Obamacare). The suit hinges on a clause in the Constitution and on the judicial review powers set forth in the Administrative Procedure Act (APA). The clause […]

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SCOTUS Ruling Makes Employer Discrimination Defense Harder

The Supreme Court this month resolved a split among the circuit courts regarding Title VII lawsuits and discrimination filings with the Equal Employment Opportunity Commission (EEOC). Title VII of the Civil Rights Act of 1964, which prohibits discrimination in employment on the basis of race, color, religion, sex and national origin, provides that an employee […]

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SCOTUS to Start Next Term with Age Discrimination Case from Arizona

The coming term of the U.S. Supreme Court, possibly with a new justice named Brett Kavanaugh seated, will open Oct. 1 with a review of a case from Arizona involving two firefighters alleging they were terminated because of age. In a brief order issued yesterday, the court placed the case of John Guido and Dennis […]

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Trump DOJ Announces It Will No Longer Defend the ACA in Court

Faced with a challenge by 20 attorneys general in a federal court in Texas, the Affordable Care Act (ACA) is going to trial with no defense from the Trump administration’s Department of Justice (DOJ). The case rests on the constitutionality — or unconstitutionality — of the health care act now that the individual mandate has […]

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SCOTUS Sides with Employers in the Use of Forced Arbitration Agreements

Voting along ideological lines, the Supreme Court today ruled 5-4 that employers can enforce signed binding arbitration agreements with their work forces, thus legally barring class action lawsuits. The ruling allows employers to require employees to sign not only binding arbitration agreements that include class action waivers, but also non-disclosure agreements. “The policy may be […]

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SCOTUS Rejects Obama DOL Overtime Interpretation

In a win for auto dealerships, the Supreme Court has ruled 5-4 that “service advisers” — those individuals who advise customers on which type of servicing or repair is needed on their car — are exempt from overtime. The Department of Labor (DOL) in 2011 ruled that they are overtime eligible, even though the Fair […]

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Trump Administration Argues for States’ Rights — in Collecting Online Taxes

The Supreme Court is reviewing a case stemming from South Dakota in which that state is demanding that web merchants pay sales tax for any transaction with its residents. A 1992 ruling imposed a “physical presence” limitation that let web retailers evade state taxes unless they physically operated in the taxing state. And surprise, surprise […]

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