In a widely awaited for decision, the Supreme Court in a 6-3 opinion authored by Justice Roberts held that a Tennessee law which prohibits certain medical treatments (puberty blockers and hormones) for transgender minors, does not violate the Equal Protection Clause of the Fourteenth Amendment. (Justice Alito concurred in part and joined in part with the Majority)
Continue Reading Supreme Court Upholds Tennessee Transgender Care Ban
Seyfarth Synopsis: In its seminal decision, Bostock v. Clayton County, Georgia, the Supreme Court held that discrimination on the basis of sexual orientation or gender identity is tantamount to discrimination on the basis of sex. Employers are just beginning to grasp the wide-ranging impact that decision will have on the American workplace. The reasoning of
Continue Reading Key Developments In Equal Pay Litigation: Impact Of The Supreme Court’s Bostock Decision
By Minh N. Vu
Seyfarth Synopsis: The Plaintiff in Acheson v. Laufer dismisses her lawsuit with prejudice and asks SCOTUS to dismiss its pending review based on mootness.
In an unexpected and bizarre turn of events, Deborah Laufer, the plaintiff in the much-watched Acheson v. Laufer case pending before the U.S. Supreme Court (“SCOTUS”), has decided to dismiss that
Continue Reading SCOTUS Might Not Rule on the Standing of ADA Title III Testers After AllBy Linda Schoonmaker and John P. Phillips
Seyfarth Synopsis: Employers in Austin, Dallas, and San Antonio expected the Texas Legislature to overturn their cities’ recent foray into city-specific paid sick leave laws. However, the Texas Legislature recently wrapped-up its legislative session without passing a law curtailing city-specific paid sick leave laws—and the Legislature will not meet again until 2021.
Continue Reading Paid Sick Leave in Texas Survives the Texas Legislature
By Minh N. Vu
Seyfarth Synopsis: Domino’s Likely to File Petition for Certiorari from Ninth Circuit’s Ruling in Robles v. Domino’s.
As we reported, the Ninth Circuit held in January that a blind plaintiff could move forward with his ADA Title III lawsuit against Domino’s Pizza for having an allegedly inaccessible website and mobile app. The court determined that
Continue Reading Domino’s To Ask Supreme Court To Consider Whether ADA Website/Mobile App Accessibility Lawsuits Violate Due Process
Last week, the EEOC issued new guidance on how it will review and enforce claims of retaliation. Our colleagues at the Workplace Class Action blog have provided a great overview. Check it out HERE.
Continue Reading The EEOC Issues New Enforcement Guidance On Retaliation
By Gerald L. Maatman, Jr., Pamela Q. Devata, Robert T. Szyba, and Ephraim J. Pierre
Seyfarth Synopsis: In deciding Spokeo v. Robins, the U.S. Supreme Court reaffirmed that plaintiffs seeking to establish that they have standing to sue must show “an invasion of a legally protected interest” that is particularized and concrete — that is, the injury “must
Continue Reading Spokeo v. Robins: The U.S. Supreme Court Finds Concrete Injury Is Required Under Article III But Remands Back To The Ninth Circuit
In our third installment of articles looking at the employment law cases being heard by the US Supreme Court this fall term, Tyson Foods Inc. v. Bouaphakeo will have importance in both the wage & hour and class action litigation worlds. “Donning and Doffing “ – who knew!
Another Watershed Moment for Class Actions? SCOTUS to
Address Limits on Statistical
Continue Reading ELL SCOTUS Series # 3 – Tyson Foods Inc. v. Bouaphakeo
When you check into a hotel, do you assume that the clerk asks for your license plate number to avoid accidentally towing your car? Or that guest services wants to know how many people are in your group to make sure that they’ve stocked the bathroom with enough towels? Guess again. These, and other requirements, are mandated
Continue Reading You Can Check Out Any Time You Like… But Your Information Might Never Leave
By Pamela Q. Devata, Gerald L. Maatman, Jr., and Robert T. Szyba
Yesterday the U.S. Supreme Court granted the petition for writ of certiorari filed in Spokeo, Inc. v. Robins, No. 13-1339 (U.S. Apr. 27, 2015).
As we previously reported, the Spokeo petition poses a question with a significant impact on the future scope of consumer
Continue Reading The Supreme Court Grants Certiorari In Spokeo – No Harm, No Standing?