The Third Circuit has updated its decision on transgender bathroom policies, which we discussed previously here. The precedential opinion, which was filed on June 18, was revised on July 26 to take a softer stance on whether the decision to require transgender students to use separate, single-stall bathrooms violates federal law. The same panel that issued the original decision issued the revised decision and denied allowing the case to be reheard with a full court. The attorneys for the students have two weeks to renew their request. The attorneys argue that the first ruling—among other things—conflated gender and sex, and ignored long-standing precedent regarding sexual harassment and bodily privacy. This case is a contentious one, with Circuit Judge Kent A. Jordan, joined by Judges Michael Chagares, Thomas Hardiman, and Stephanos Bibas, writing a strongly worded dissent recommending that the Third Circuit rehear the case en banc, meaning that every judge sitting on the appellate court would be asked to hear and rule on the matter. We will monitor the situation and keep you apprised of any updates to this case.
On June 21 the Trump administration announced its proposal to merge the Department of Labor and the Department of Education into one overarching department. Mick Mulvaney, the White House Budget Director, said that Ivanka Trump’s emphasis on workforce training was the inspiration behind the proposed merger. Mulvaney said in statement that the departments are, “doing the same thing.” Continue reading →
Saturday June 30 (and into the wee hours of Sunday July 1) saw the end of the fiscal year and with it came midnight and last minute (literally) deals in the Delaware General Assembly. Here were some of the biggest takeaways that will affect employment law: Continue reading →
Last week, the U.S. Supreme Court issued its landmark decision in Janus vs. AFSCME. The opinion prohibits public employers from collecting fair share fees from employees who have refused to join a union. In the aftermath of Janus, public employers need to be taking immediate steps to stop any such deductions. They also need to prepare for current union members who may seek to revoke any authorization that they had previously provided. Continue reading →
The U.S. Supreme Court ruled today that public sector employees cannot be forced to pay “fair share” fees if they refuse to join a union. This decision impacts all Delaware public sector employers, employees, and unions. Continue reading →
From the Third Circuit Court of Appeals, we have a reminder that employees who request reasonable accommodations are not immune from disciplinary action, including termination. Stanley Kieffer was an employee of CPR LLC from 2003 to 2008, and again from 2010 to 2013. He began working at CPR LLC’s sister company, CPR Inc., in January 2014, and left in June of that same year. While he was employed at CPR LLC, Kieffer worked supervising disaster cleaning projects, and it was in this capacity that he injured his shoulder. From there, his troubles only continued. Continue reading →
One of the most anticipated rulings of the Spring Term was issued by the Supreme Court on June 4, 2018. In a 7-2 decision, the Court ruled that baker Jack Phillips was treated with hostility for his religious views by the Colorado Civil Rights Commission when they ruled that he could not refuse to make a gay couple a wedding cake. Continue reading →