Supreme Court limits ADA protections for retirees in 8–1 decision
6/26/25
By: Luke Padia
In an 8-1 decision issued on June 20, 2025, the U.S. Supreme Court held that the Americans with Disabilities Act (ADA) does not extend its protections to retirees who no longer hold or seek a job. The …
Philadelphia’s POWER Act: What employers need to know
6/19/25
By: Joseph A. McGuire
On May 27, 2025, Philadelphia Mayor Cherelle L. Parker signed into law the Protect Our Workers, Enforce Rights (POWER) Act, a sweeping update to the employment provisions contained in Title 9 of the Philadelphia Code.
Key …
Supreme Court rejects heightened standard in school disability lawsuits
6/17/25
By: Thomas R. Starks
In a decision issued on June 12, 2025, the U.S. Supreme Court ruled unanimously in favor of Ava Tharpe, a Minnesota student with severe epilepsy who was denied an accommodation request, in the case of A.J.T. …
Los Angeles City Council passes new minimum wage laws for hotel workers—Just in time for the 2028 Olympics
6/10/25
By: Mariam E. Grace and Daniel Parker Jett
On May 23, 2025, the Los Angeles City Council (“City Council”) voted to amend the City’s Municipal Code and Administrative Code to increase the wages and health benefits for employees of hotels …
Supreme Court rejects heightened burden for majority group plaintiffs in Title VII claims: A closer look at Ames v. Ohio Department of Youth Services
6/9/25
By: Joseph A. McGuire
In a unanimous decision issued on June 5, 2025, the U.S. Supreme Court ruled in Ames v. Ohio Department of Youth Services that plaintiffs who are members of a majority group—such as heterosexual, male and white …
President Trump issues Executive Order targeting “disparate impact liability”
5/9/25
By: Shane Miller
President Trump recently issued an Executive Order stating that “disparate impact liability” violates principles of equal treatment and equal opportunity under the law by creating “a near insurmountable presumption of unlawful discrimination” if “there are any differences …
New Jersey appellate court reinforces limitation on whistleblower claims
4/7/25
By: Andrew W. Sheppard
In a recent reported decision, the Appellate Division of the Superior Court of New Jersey reaffirmed that New Jersey’s whistleblower statute, the Conscientious Employee Protection Act (“CEPA”), does not apply to conduct that occurred after the …
President Trump’s Executive Order 14236 revokes $15-per-hour federal contractor minimum wage
4/4/25
By: Charles J. Shumake
On March 14, 2025, President Donald Trump issued Executive Order 14236. This Executive Order revoked 18 prior executive orders and actions issued by former President Joe Biden. One of these prior executive orders was Executive Order …
Private businesses in Tennessee can fire employees for exercising their right to petition the government
4/3/25
By: J. Cole Dowsley, Jr.
In Smith v. BlueCross BlueShield of Tennessee, the Tennessee Supreme Court rejected a retaliatory discharge claim based on an employee’s exercise of a constitutional right to petition.
Smith was an at-will BlueCross BlueShield (BCBS) …
EEOC and DOJ issue guidance on “DEI-Related Discrimination”
3/26/25
By: Shane Miller
As we noted in Freeman Mathis & Gary’s previous blog posts, the Trump Administration is seeking to eliminate certain Diversity, Equity and Inclusion (DEI) programs (or particular aspects of such DEI programs) from the workplace, including for …
Fourth Circuit stays nationwide preliminary injunction barring enforcement of executive orders aimed at eliminating DEI programs
3/19/25
By: Kelli N. Spearman
On February 21, 2025, the federal district court for the district of Maryland issued a preliminary injunction prohibiting the Trump Administration from enforcing key aspects of two executive orders aimed at eliminating diversity, equity and inclusion …
The growing legal threat of 401(k) forfeiture class actions: What plan sponsors need to know
3/18/25
By: Thomas R. Starks
While ERISA class action lawsuits have been a growing concern for plan fiduciaries, a recent trend is the surge of class action lawsuits challenging the handling of 401(k) plan forfeitures.
Understanding 401(k) Plan Forfeitures
Some …