Lange v. Houston County
When an employer-sponsored health plan covers mastectomies for cancer but excludes them for gender dysphoria, is that sex discrimination under Title VII? The Eleventh...
Employment Law
Intermediary Choice and the Structural Logic of Title VII’s But-For Test
West Virginia v. B.P.J., now before the Supreme Court, raises a question that lower courts are already struggling to answer. During oral argument, Chief...
Ames v. Ohio Department of Youth Services
Vol. 139 No. 1
Sixteen years ago, Justice Scalia warned of an “evil day on which the [Supreme] Court will have to confront the question: Whether, or to...
CompassCare v. Hochul
Vol. 138 No. 8
The fundamental right to expressive association first emerged in NAACP v. Alabama ex rel. Patterson, a case that shielded a civil rights organization from...
Preemption, Labor, and Movement Strategy: Lessons from Nwauzor on Detention Capitalism
In the early mornings at the Northwest Immigration and Customs Enforcement Processing Center (NWIPC) in Tacoma, Washington, a detained immigrant might wake to begin...
Anderson v. Mott Street
Vol. 138 No. 5
There has been increased skepticism of sexual harassment claims, both in the public sphere and in the courts. Recently, in Anderson v. Mott Street,...
Johnson v. National Collegiate Athletic Ass’n
Third Circuit Creates Test to Assess College Athlete Employment Status Under the Fair Labor Standards Act.
Vol. 138 No. 4
History Absolves the FTC: A Defense of the Rule on Non-Competes and Functional Non-Competes
The Federal Trade Commission’s (FTC’s) Non-Compete Clause Rule (the “Rule”), finalized in spring 2024, effectively bans all non-compete clauses and “functional” non-compete clauses based...
Effective Pay Transparency Requires Benefit Transparency
H. 4890, 193rd Sess. (Mass. 2024)
Regulations to Implement the Pregnant Workers Fairness Act
Proposed Regulation to the Pregnant Workers Fairness Act Released
Vol. 137 No. 8