On August 16, 2022, the U.S. Court of Appeals for the Fourth Circuit held that gender dysphoria could qualify as a disability under the Americans with Disabilities Act (ADA). (Williams v. Kincaid, No. 21-2030 (4th Cir. Aug. 16, 2022)
Employment & Labor
Closer to Normal? CDC Guidance Revisions Provide Employers More Flexibility
The Centers for Disease Control (“CDC”) announced major changes to its COVID-19 guidance on August 13, providing additional flexibility for employers seeking a return to normal operations after the pandemic.…
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Labor Unions and the Workforce: What’s Trending and How to Get Out in Front (Video)
Labor unions seem to be having a resurgence after being on the decline for many years. Employers are concerned with this shift, and are wondering what they can do within the bounds of the law to keep a direct relationship…
OFCCP Announces Notice of Widespread Request for Contractors EEO-1 Reports and Opportunity to Object
According to OFCCP, on June 2, 2022, the Center for Investigative Reporting sent OFCCP a request for the disclosure of
. . .Type 2 EEO-1 reports for all federal contractors, including first-tier subcontractors, from 2016-2020….
The Center for Investigative…
DON’T IGNORE IRS ESRP NOTICES!
California Legislature Pushes for More Pay Transparency
Employers Shouldn’t Monkey Around When It Comes To MonkeyPox
Best Lawyers Selects Clouse Brown Founders for 2023 Recognitions

Keith Clouse and Alyson Brown, founding partners of Clouse Brown, have both been named to the 2023 list of The Best Lawyers in America for their achievements in multiple categories of employment law.
Together, they were recognized for…
The Devil is in the Pretext: No Successful Discrimination Claim If Employee Does Not Carry Burden to Prove Ulterior Explanation for Employer’s Actions

By Rachel A. Duboff and Erin Dougherty Foley
Seyfarth Synopsis: Employers can take precaution against discrimination claims by ensuring they have legitimate, nondiscriminatory reasoning for their decision-making. An honest explanation of their behavior makes it credible.
The Eighth Circuit’s recent…