An Arbitration Clause Wins Again

2022-10-29T01:48:37-06:00By |Categories: Contracts, Labor and Employment, Litigation, Sixth Circuit, Wage and Hour|Tags: , , |

In an earlier post, we analyzed the Supreme Court’s holding in Epic Systems Corp. v. Lewis, which held that employers may include in employment agreements arbitration provisions that require employees to arbitrate their disputes individually rather than through a collective [...]

“Sex Discrimination” Now Includes Transgender Discrimination in Sixth Circuit

2022-10-29T01:48:37-06:00By |Categories: Discrimination, Labor and Employment, Sixth Circuit|Tags: , , , |

In an opinion issued on March 7, 2018, EEOC v. R.G. and G.R. Harris Funeral Homes, Inc.,[note]__ F.3d __, 2018 WL 1177669 (6th Cir. 2018)[/note] the Sixth Circuit Court of Appeals (covering Tennessee, Kentucky, Ohio, and Michigan) expressly held that [...]

Think Before You Remove: Waiver of Exhaustion Argument in Regulatory Takings

2022-10-29T01:48:38-06:00By |Categories: Municipal Law, Sixth Circuit|Tags: , , , |

The Sixth Circuit issued an opinion late last week that should give a municipality pause before it removes a regulatory takings case to federal court. Siding with the Second and Fourth Circuits, the Court held that by removing a regulatory takings [...]

Reasonable Minds Can Differ: Employees Who Pose a “Direct Threat”

2022-10-29T01:48:39-06:00By |Categories: Labor and Employment, Sixth Circuit|Tags: , , , , |

The Americans With Disabilities Act (ADA) prohibits employers from discriminating against any “qualified individual on the basis of a disability.” But a person is not a “qualified individual” under the ADA if he or she “poses a ‘direct threat’ to [...]

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