This week, we’re recapping recent contentious rulings by the Supreme Court of the United States (“SCOTUS” or the “Court”) that are expected to take a toll on employers across the nation.
SCOTUS Introduces Heightened Standard for Religious Accommodations
The end of the Court’s term saw a flurry of opinions with implications for employers. The most immediate impact comes from Groff v. DeJoy, in which the Court heightened the standard for denying religious accommodations to employees. More info: workforcebulletin.com/2023/06/30/the-supreme-court-has-weighed-in-employers-considering-title-vii-religious-accommodation-requests-now-face-a-heightened-standard/
SCOTUS Rules Against Affirmative Action
In the Students for Fair Admissions cases, the Court found that the consideration of race in college admissions violates the Fourteenth Amendment. In addition to significantly restricting the use of race in higher education admission decisions, some speculate that the decision could lead to increased legal scrutiny of employers’ diversity, equity, and inclusion—or DEI—initiatives. This could also have a more direct impact on affirmative action for government contractors. Read more: workforcebulletin.com/2023/06/30/supreme-court-significantly-restricts-affirmative-action-in-higher-education-employers-take-note/
SCOTUS Protects “Expressive” Services
On the very last day of the term, the Court ruled that a Colorado web designer was not obligated to offer wedding website services for same-sex marriages, despite a state law barring such a refusal to provide services. The decision could have implications for company policies that arguably reach employee speech or conduct, which could be particularly significant in the health care space. Learn more: commerciallitigationupdate.com/2023/06/30/divided-court-gives-primacy-to-freedom-of-religion-invokes-major-questions-doctrine-to-overturn-student-loan-forgiveness-program-scotus-today/
Other Highlights
New York City Department of Consumer and Worker Protection Publishes FAQs as Enforcement of Automated Employment Decision Tools Laws Begins
Workforce Bulletin
Nathaniel M. Glasser, Adam S. Forman, Alexander J. Franchilli
workforcebulletin.com/2023/07/06/new-york-city-department-of-consumer-and-worker-protection-publishes-faqs-as-enforcement-of-automated-employment-decision-tools-laws-begins/
What Do Cancelling Student Loan Debt and Banning Noncompetes Have in Common?
Trade Secrets & Employee Mobility
Erik W. Weibust
tradesecretsandemployeemobility.com/2023/07/articles/non-compete-agreements/what-do-cancelling-student-loan-debt-and-banning-noncompeteshave-in-common-the-supreme-courts-recent-student-loan-decisionmay-reveal-how-it-would-rule-on-the-ftcs-proposed-noncompet/
California Local Minimum Wage Raises Take Effect July 1, 2023
Wage and Hour Defense Blog
Chelsea Hadaway
wagehourblog.com/2023/07/articles/california-wage-hour-law/california-local-minimum-wage-raises-take-effect-july-1-2023/
An Update on the New York Noncompete Ban: It is Unlikely the Governor Will Sign It Anytime Soon
Trade Secrets & Employee Mobility
Erik W. Weibust, Peter A. Steinmeyer, David J. Clark
tradesecretsandemployeemobility.com/2023/07/articles/trade-secrets-and-confidential-information/an-update-on-the-new-york-noncompete-ban-it-is-unlikely-the-governor-will-sign-it-anytime-soon/
Legislative Update: Texas Limits Local Governments’ Authority to Regulate and Passes the CROWN Act
Workforce Bulletin
Greta Ravitsky, Mason Gardner
workforcebulletin.com/2023/07/10/legislative-update-texas-limits-local-governments-authority-to-regulate-and-passes-the-crown-act/
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