The Ninth Circuit has proven to be a thorn on President Trump's side since he took office, blocking President Trump's original order banning immigration from seven Muslim-majority countries and the revised ban released in March 2017. And in April, a district court judge in the Ninth Circuit blocked Trump's order cutting funding to sanctuary cities. Trump has responded by threatening to break up the Ninth Circuit (though the president does not have the unilateral power to change federal courts).
Co-Written by Outten & Golden LLP Paralegal Toby Rae Irving
In the six months since his inauguration, President Trump and his cabinet have been pushing forward to fulfill his myriad of campaign promises, with mixed success. Two days ago it became evident, however, that his continuity from the campaign ends with his supposed support of the LGBTQ community. Members of the trans community face challenges and lack of legal protection around the primary concerns of most Americans: employment, housing, and healthcare. Instead of addressing these issues central to daily life, President Trump has, once again, rolled the clocks backward on rights for trans people by banning transgender people from serving in the military. The President cited concerns around medical costs and "disruption."
Co-Written by Outten & Golden LLP Law Clerk Ryan Elias
The Fifth Circuit enforces a National Labor Relations Board ("NLRB") order striking down an employer's policy that banned the use of "cameras, camera phones/devices, or recording devices (audio or video) in the workplace."
The Seventh Circuit decides a couple of useful things in this Title VII and § 1983 national-origin discrimination, harassment, and retaliation case, set in a City of Chicago firehouse. First, it holds that even petty activity such as lunch-stealing may constitute part of a hostile work environment when the entire pattern of conduct is considered together. Second, even such tedious activities as constantly shifting an employee from site to site, and intensively challenging fitness for duty after medical leave, may constitute materially adverse employment actions.
On June 9, the long-awaited revised "fiduciary rule" from the U.S. Department of Labor ("DOL") went into partial effect and will be in full force as of January 1, 2018. After nearly a decade, and much political wrangling, the updated rule ushers in sweeping changes regarding the duties and responsibilities financial advisors and others owe their clients.
It's no secret that one of the ways companies try to cut costs is through layoffs. Another method, which can be just as disruptive to employees, is by reducing pensions and other benefits earned while working for the employer. From well-known companies to state governments, retirement benefits seem to be a favorite target, and provisions in President Trump's proposed budget are also raising fears that retired federal employees would see their benefits shrink drastically over time.
The Third Circuit holds that a manager's single use of a racial slur, combined with a threat to fire a Black employee, may be enough all by itself to constitute a hostile work environment under Section 1981.