On October 11, 2019, the U.S. District Court in the Southern District of New York ordered a preliminary injunction blocking the implementation, by the U.S. Department of Homeland Security (DHS), of President Donald Trump’s revised public charge rule. The court’s order also enjoins DHS from implementing a series of new and updated immigration forms introduced in furtherance of the rule, which was scheduled to go into effect on October 15, 2019. President Trump’s public…
On October 11, 2019, the Office of Federal Contract Compliance Programs (OFCCP) published to its website the long-awaited Educational Institutions Technical Assistance Guide (TAG). According to OFCCP, the 80-page TAG, “provides a general overview of contractor obligations specific to Educational Institutions under the equal employment opportunity laws enforced by OFCCP” and can be used “as a self-assessment tool” for educational institutions “to create, review, and update their affirmative action programs.” In addition to chapters on…
Supreme Return. The Supreme Court of the United States kicked off its 2019 term this week with a few blockbuster oral arguments. On October 9, 2019, the Court heard oral argument in three cases concerning whether gender identity and sexual orientation are protected under Title VII of the Civil Rights Act of 1964. Nonnie L. Shivers has the details. The Court usually reserves their opinions on such high-profile cases until June, so we are…
On October 9, 2019, President Donald Trump announced his intention to appoint Amanda Wood Laihow to serve as the Occupational Safety and Health Review Commission’s (OSHRC) second commissioner. That addition will give the commission its first quorum in five months and enable it to decide the cases pending before it. Laihow currently serves as the chief counsel to the commission’s chair, James J. Sullivan, Jr., his primary legal advisor. Before she joined the commission’s staff,…
On September 23, 2019, the U.S. Department of the Treasury and the Internal Revenue Service (IRS) published final regulations that modify the hardship distribution rules for profit sharing, 401(k), 403(b), and eligible governmental 457(b) plans. The final hardship distribution regulations generally expand and streamline the use of hardship distributions for changes made in legislative acts spanning more than a decade: the Pension Protection Act of 2006, the Heroes Earnings Assistance and Relief Tax Act of…
Although California does not have a specific biometric privacy law like Illinois’s 2008 Biometric Information Privacy Act (BIPA) or its recently enacted 2019 Artificial Intelligence Video Interview Act (AIVIA), stay tuned for the impact of the California Consumer Privacy Act (CCPA), which goes into effect on January 1, 2020.  The CCPA will directly affect how certain employers use biometric data in the workplace. As drafted, the CCPA will require that businesses provide individuals with notice…
On October 8, 2019, the Supreme Court of the United States heard oral argument on one core question: does the prohibition on discrimination “because of . . . sex” in Title VII of the Civil Rights Act of 1964 include discrimination on the basis of sexual orientation and gender identity? The Supreme Court granted review on this question, in part, because some circuit courts of appeal across the country had answered the question affirmatively (including…
Legislatures across the country are racing to keep up with the ever-expanding uses of artificial intelligence (AI) in the workplace. While to date much of the focus has been on ethical uses of AI, disclosures requirements, and informed consent (e.g., the Illinois 2019 Artificial Intelligence Video Interview Act), the California legislature recently took the bold move of promoting AI as a tool to reduce bias and discrimination in hiring and employment. As part…
On October 7, 2019, the Supreme Court of the United States dashed the hopes of the business community for relief from website access litigation when it announced that it had denied Domino’s Pizza, LLC’s petition for certiorari. The petition sought review of a recent decision from the Ninth Circuit Court of Appeals. That decision held that: Title III of the Americans with Disabilities Act (ADA) applies to the Domino’s website, Domino’s received fair notice…
The Supreme Court of the United States kicked off its 2019-2020 term on October 7, 2019, with several noteworthy cases on its docket. This term, some of the issues before the Court will likely have great historical significance for the LGBTQ community. Among these controversies are whether the prohibition against discrimination because of sex under Title VII of the Civil Rights Act of 1964 encompasses discrimination because of sexual orientation. In addition, the Court is…