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3 weeks ago | 
mondaq.com | Evandro C Gigante |Laura Fant |Jurate Schwartz |Arielle E. Kobetz
Employers in New York, Connecticut, and Vermont should take noteof a recent Second Circuit decision holding that an employee maystill be entitled to a reasonable accommodation under the Americanswith Disabilities Act ("ADA") even if they can performthe essential functions of their job without accommodation. In Tudor v. Whitehall Central SchoolDistrict, (2d Cir.
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3 weeks ago | 
natlawreview.com | Keith Bishop |Evandro C Gigante |Laura Fant |Ayman Guirguis
On March 24, 2025, Virginia Governor Glenn Youngkin asked the Virginia state legislature to strengthen the protections provided in a bill (S.B. 854) passed by the legislature earlier this month that imposes significant restrictions on minors’ social media use.
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3 weeks ago | 
jdsupra.com | Laura Fant |Evandro C Gigante |Arielle E. Kobetz
Employers in New York, Connecticut, and Vermont should take note of a recent Second Circuit decision holding that an employee may still be entitled to a reasonable accommodation under the Americans with Disabilities Act (“ADA”) even if they can perform the essential functions of their job without accommodation. In Tudor v. Whitehall Central School District, (2d Cir.
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1 month ago | 
mondaq.com | Evandro C Gigante |Keisha-Ann G. Gray |Guy Brenner |Steven J Pearlman
As we previously reported, on March 3, 2025, theMaryland District Court denied Defendants' motion to stay thepreliminary injunction in National Association of DiversityOfficers in Higher Education v. Trump, preventing the federalgovernment from enforcing several DEI-related clauses in its recentExecutive Orders. The court held that the Government had not showna likelihood of success on the merits and that both the balance ofharms and the public interest weighed against the stay.
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1 month ago | 
jdsupra.com | Guy Brenner |Justin Chuang |Evandro C Gigante
As we previously reported, on March 3, 2025, the Maryland District Court denied Defendants’ motion to stay the preliminary injunction in National Association of Diversity Officers in Higher Education v. Trump, preventing the federal government from enforcing several DEI-related clauses in its recent Executive Orders. The court held that the Government had not shown a likelihood of success on the merits and that both the balance of harms and the public interest weighed against the stay.
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1 month ago | 
natlawreview.com | Evandro C Gigante
As we previously reported, on March 3, 2025, the Maryland District Court denied Defendants’ motion to stay the preliminary injunction in National Association of Diversity Officers in Higher Education v. Trump, preventing the federal government from enforcing several DEI-related clauses in its recent Executive Orders. The court held that the Government had not shown a likelihood of success on the merits and that both the balance of harms and the public interest weighed against the stay.
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1 month ago | 
mondaq.com | Allan Bloom |Evandro C Gigante |Laura Fant |Brenna R. McLean
On Wednesday, February 19, 2025, Acting Equal EmploymentOpportunity Commission ("EEOC") Chair Andrea R. Lucas announced the EEOC plans to target employersthat "illegally prefer non-American workers," as well as"staffing agencies and other agents that unlawfully complywith client companies' illegal preferences against Americanworkers" through increased enforcement of Title VII'snational origin protections.
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2 months ago | 
lexology.com | Allan Bloom |Evandro C Gigante |Laura Fant
On Wednesday, February 19, 2025, Acting Equal Employment Opportunity Commission (“EEOC”) Chair Andrea R. Lucas announced that the EEOC plans to target employers that “illegally prefer non-American workers,” as well as “staffing agencies and other agents that unlawfully comply with client companies’ illegal preferences against American workers” through increased enforcement of Title VII’s national origin protections.
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2 months ago | 
natlawreview.com | Evandro C Gigante
On Monday, January 27, 2025, President Trump removed Equal Employment Opportunity Commission (the “EEOC” or the “Commission”) commissioners Charlotte A. Burrows and Jocelyn Samuels, the two confirmed in separate statements. The move, which may face legal challenges, marks the first time that a president has removed an EEOC commissioner without cause prior to the expiration of their five-year term.
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2 months ago | 
salary.com | Laura Fant |Evandro C Gigante |Arielle E. Kobetz |Jurate Schwartz
Editor's Note
Don't Force Employees to Use Vacation During FMLA Leave
I wrote about this recently when California enacted a state law that prohibited employers from requiring employees to use any paid PTO or vacation while they are on unpaid FMLA leave. It turns out the DOL agrees that employers should not force employees to use up their paid leave while on FMLA.
I don't know whether the new administration will walk this back or not. It doesn't really matter.
