News & Analysis as of

Non-Discrimination Rules Supreme Court of the United States

Ballard Spahr LLP

Courts Invalidate ACA Regulations Following Demise of Chevron Deference

Ballard Spahr LLP on

Following the U.S. Supreme Court’s recent decision to overturn its landmark 1984 Chevron decision, three district courts have struck down provisions in nondiscrimination regulations under the Affordable Care Act that prohibit...more

Holland & Hart - Employers' Lawyers

Supreme Court Lowers Bar for Adverse Actions

Can an employee sue under Title VII to challenge a lateral transfer, even if the transfer does not result in a loss of pay? According to a recent U.S. Supreme Court decision, the answer is: Yes....more

Morrison & Foerster LLP

SCOTUS Effectively Ends Affirmative Action for College Admissions: What This Decision Might Mean for Workplace Diversity Programs

As anticipated, the U.S. Supreme Court’s decision in the two companion cases brought by the Students for Fair Admissions, Inc. (SFFA) against Harvard University (Harvard) and the University of North Carolina (UNC) ended...more

Sherman & Howard L.L.C.

Supreme Court: Colorado Website Designer May Refuse Projects Based on Religious Beliefs

Five years after Colorado's handling of a charge brought under its Antidiscrimination Act (CADA) was before the Supreme Court in the context of wedding cake design, the Court held today in a 6-3 decision that Colorado cannot...more

Littler

IE&D Hot Topics for Employers: Looking Back at 2022 and Preparing for 2023

Littler on

In the past few years, the global trend towards prioritizing inclusion, equity, and diversity (IE&D) has inspired and challenged employers in every industry. On the one hand, there is a significant business case for IE&D...more

Rumberger | Kirk

In the Case of Public School Bathrooms: Separate Is Equal

Rumberger | Kirk on

Eleventh Circuit Says School’s Policy of Assigning Bathrooms Based on Biological Sex Does Not Violate U.S. Constitution - The issue on appeal for the Eleventh Circuit to decide was whether separating the use of male and...more

Littler

Littler Lightbulb – December Employment Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month....more

DirectEmployers Association

There Are Three Reasons The Coming Harvard & UNC Case Decisions Will Not Harm “Affirmative Action” Despite Now Growing Fears

Last Monday, the U.S. Supreme Court heard (in an extraordinary session) almost five hours of oral argument in back-to-back cases challenging university admission policies relying in part on the race, ethnicity, and national...more

Littler

How Will the Supreme Court’s Review of Two Affirmative Action Cases Affect Employers?

Littler on

On October 31, 2022, the Supreme Court of the United States (SCOTUS) heard oral arguments for two controversial affirmative action cases against Harvard University and the University of North Carolina (UNC). While the legal...more

Snell & Wilmer

What’s Old Is New Again: HHS Proposes to Reinstate and Expand Transgender Nondiscrimination Rules

Snell & Wilmer on

Since it was enacted in 2010, Section 1557 of the Affordable Care Act (“Section 1557”) has prohibited discrimination in covered health programs and activities on the basis of race, color, national origin, age, disability, or...more

King & Spalding

HHS Issues Guidance to Pharmacies Regarding Access to Reproductive Health Care

King & Spalding on

Following President Biden’s Executive Order on ensuring access to reproductive health care, on July 13, 2022, HHS issued guidance to U.S. retail pharmacies regarding their obligations under federal civil rights laws. This...more

Holland & Hart - The Benefits Dial

Talk About Bruno . . . Health Plan Premium Surcharges & Vaccination Status

Last week, the US Supreme Court blocked the OSHA standard requiring private employers with 100 employees or more to vaccinate-or-test for COVID-19 from taking effect (more info here). With the fate of that standard likely...more

McDermott Will & Emery

Implications of the Supreme Court's Tennessee Retailers Decision

As virtually everyone in the US alcohol beverage industry knows, last week the US Supreme Court handed down its opinion in Tennessee Wine and Spirits Retailers Assn. v. Thomas, S.Ct. No. 18-96 (June 26, 2019). Now that over a...more

Proskauer - Minding Your Business

State Liquor Law Tossed: Industry Changes Ahead

In a decision with major implications for fans of wine, liquor, or free trade, the Supreme Court has affirmed a ruling that struck down a Tennessee law, which imposed certain residency requirements to operate retail liquor...more

Burns & Levinson LLP

When Alcohol Leads, Cannabis Follows

Burns & Levinson LLP on

The nascent cannabis industry is much like a younger sibling, riding the wake of its forerunner, alcohol.  In joining the vice industry’s consumer products market segment, the cannabis industry has had the benefit of being...more

Husch Blackwell LLP

Tennessee Alcohol Update

Husch Blackwell LLP on

On October 15, 2018, we blogged about Tennessee’s regulations on licensing for retail sales of alcoholic beverages. Tennessee requires residency within the state for two years in order to obtain an initial license. ...more

Bradley Arant Boult Cummings LLP

A “Spirited” Supreme Court Decision on Liquor Laws Opens the Door for Alcohol Retailers to Expand Business across State Lines -...

On June 26, 2019, the Supreme Court gave persons and companies wishing to open retail liquor stores a reason to raise a glass. By a vote of 7-2 in Tennessee Wine and Spirits Retailers Association v. Thomas, the court struck...more

A&O Shearman

The Winding Road to the Supreme Court: United States v. American Express Co.

A&O Shearman on

Last year’s Antitrust Annual Report described American Express’ sweeping victory over the Department of Justice (DOJ) and 17 state Attorneys General (AGs) in the Second Circuit pertaining to its use of Non-Discrimination...more

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