Applying a strict interpretation of the statutory language, the Fifth Circuit made clear that a Title VII plaintiff can survive a motion to dismiss by pleading adverse actions with respect to “terms, conditions, or privileges of employment.”
The U.S. Court of Appeals for the Eleventh Circuit, in Beasley v. O’Reilly Auto Parts, recently held that a claim for failure-to-accommodate under the Americans with Disability Act (ADA) must include an adverse employment action.
On June 16, 2023, the U.S. Supreme Court resolved a circuit split in favor of a broad interpretation of the federal government’s ability to dismiss False Claims Act (FCA) actions over a relator’s objection.
In its June 29, 2023, unanimous decision in Groff v. DeJoy, the United States Supreme Court upended nearly 50 years of precedent by “clarifying” the undue hardship standard in religious accommodation claims under Title VII.
A divided Supreme Court held that the First Amendment’s free speech protection bars Colorado from requiring a website designer to create expressive designs that convey messages with which the designer disagrees.
This article identifies and offers some predictions regarding the implications of the decision for employers in higher education, private employers with voluntary IE&D programs, and government contractors subject to affirmative action requirements.
Employers that regularly submit claims to the government for payment should ensure that they are not violating the statute by failure to fully understand the factual and legal basis for the claims submitted.