EEOC Sues Employer Over Denial of Service Animal Accommodation
In May, the Equal Employment Opportunity Commission (EEOC) announced it was suing a Maryland-based employer for allegedly violating Title I of the Americans with Disabilities Act (ADA) by refusing to allow an employee to bring a service dog to work as a reasonable accommodation for his post-traumatic stress disorder (PTSD).
EFAA Arbitration: Jurisdictional Divide on Pleading Standards
A law enacted in 2022 that allows people alleging sexual assault or sexual harassment to opt out of pre-dispute arbitration agreements has altered the litigation landscape for enforcing those agreements. Since its enactment, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA), an amendment to the Federal Arbitration Act (FAA), has impacted the enforceability of arbitration agreements in certain employment-related disputes throughout the country.
Axing Abortion Accommodations: Federal Judge Strikes Down the EEOC’s Rule Requiring Employers to Accommodate Elective Abortions Under the PWFA
In another departure from regulations and guidance issued during the Biden administration, in May, a federal judge in Louisiana found that the U.S. Equal Employment Opportunity Commission (EEOC) had exceeded its statutory authority by requiring employers to reasonably accommodate elective abortions.
Title IX Goes Head to Head with Antitrust: NCAA NIL Settlement Challenged by Female Student-Athletes in House v. NCAA
For anyone who thought an unprecedented $2.8 billion settlement agreement actually resolved one of the many murky issues of student-athlete compensation in college athletics —not so fast. On June 6, federal Judge Claudia Wilken officially approved the class action antitrust lawsuit House v. NCAA. The landmark settlement turned the amateurism model of athletics in higher education on its head and is set to provide back pay to Division I student-athletes for name, image, and likeness (NIL) earnings. While it took five years of litigation to get approval of the settlement, it took just five days for a group of plaintiffs to appeal it.
Attorney Spotlight
Jeff Meyer: After 20 years of practicing labor and employment law, the most important takeaway I have is that all of us, as counsel to employers big and small, are vested with a responsibility to protect our clients’ most valuable asset—their employees. Whether through day-to-day advice, conducting internal investigations, establishing compliant policies and procedures, or litigating the relevant issue of the day, the ultimate goal is to help employers establish and maintain a productive and satisfied workforce. The role of a labor and employment attorney is essentially that of a specialized asset protection counsel, with a human element that is integral and indispensable to a company’s success.
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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. Allison Gotfried, editor of this newsletter, invites you to share the content with your colleagues and reach out with any questions.