Updates
Trump Administration Sharpens Focus on Title IX: Joint DOJ-ED Special Investigations Team to Tackle "Gender Ideology"
Last month, the Departments of Justice (DOJ) and Education (ED) announced the creation of a joint Special Investigations Team (SIT) to streamline Title IX investigations. Formed on the heels of two executive orders (EOs) related to the application of Title IX to transgender female athletes and gender identity, the SIT is the latest example of the Trump administration reshaping Title IX enforcement activities on U.S. campuses and could portend a wave of new investigations of institutions of higher education (IHEs).
Do Employers Need to Provide Indefinite Remote Work as a Reasonable Accommodation?
Employers are increasing the push for employees to return to physical workplaces. Whether through flexible hybrid models or return-to-office mandates, companies are reevaluating what work looks like in a post-pandemic world. This dynamic has sparked a wave of legal and practical considerations for employers navigating return-to-work policies, especially considering the rising number of employee requests for indefinite remote work arrangements as a reasonable accommodation under the Americans with Disabilities Act (ADA) or local state laws. Are employers obligated to provide such accommodations?
Seventh Circuit Ruling Permits Back Pay for ADA Discrimination for Non-Disabled Workers
Last month, in Nawara v. Cook County Municipality, the Seventh Circuit Court of Appeals said a violation of ADA protections from medical examinations or inquiries counts as discrimination on account of disability, regardless of whether a disability exists.
A Federal Court Hands Employers a Win Against ACA Penalties
A court in Texas has given employers a new weapon in the fight against Affordable Care Act (ACA) penalties.
Under the ACA, a large employer can be subject to penalties if it fails to offer coverage to enough of its full-time employees, or if the coverage it offers does not meet certain requirements. Typically, employers learn of a possible penalty when they receive a "Letter 226-J" from the Internal Revenue Service (IRS). Employers contest these penalties by having their lawyers a series of forms to the IRS, along with a letter making all the available arguments.
Tip of the Month
Beth Ann Lennon: While many companies are focused on the federal government's focus on reshaping the employment law landscape, employers are well advised to keep their eyes on relevant state law developments as legislative sessions across the country wrap over the next few months. Many employers may feel like they are chasing a moving target on the federal front when attempting to ensure employment law compliance. However, the reality is that, at least for now, most federal employment laws haven't changed. While we don't know how long that will hold true, we do know that the same thing cannot be said on the state law front. Indeed, we can reasonably anticipate that many states will ramp up their employment law focus in response to what some perceive as an attack on employee protections on the federal front. Multi-state employers should be particularly diligent in ensuring their policies and practices align with these state-specific developments, so they don't find themselves in legal hot water.
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About the Labor and Employment Group
The national, 40-person Labor and Employment team at Venable provides guidance and support across the full spectrum of workplace dynamics – helping employers control costs, avoid disputes, and defend themselves when litigation arises. As co-editors of this newsletter, Michael Volpe and Allison Gotfried invite you to share the content with your colleagues and reach out with any questions.