In its 2014 landmark decision in Pacific Lutheran University (PLU), the National Labor Relations Board (NLRB) held that it will assert jurisdiction over faculty at religious colleges and universities unless the college or university can show that it holds the faculty […]
In a Landmark Ruling, the Seventh Circuit Becomes First Court of Appeals to Ban Sexual Orientation Discrimination
April 5, 2017
Setting the stage for the U.S. Supreme Court to tackle the issue, the Seventh Circuit Court of Appeals (which covers Illinois, Indiana, and Wisconsin) yesterday overturned decades of precedent and held that Title VII of the Civil Rights Act of 1964 prohibits […]
Under Title VII, the Equal Employment Opportunity Commission (EEOC) has the authority to issue subpoenas for documents relevant to its investigations. Prior to the Supreme Court’s decision in McLane Co. v. EEOC, which issued yesterday, all but one federal circuit applied […]
The Illinois Supreme Court has issued an opinion in Carle Foundation v. Cunningham Township, the case involving the constitutionality of the statute granting hospitals a special property tax exemption. In remanding this case back to the circuit court, Illinois’ highest court declined […]
Supreme Court Refines Legal Standard for Special Education
March 24, 2017
Thirty-five years ago, in Board of Education of Hendricks Hudson District v. Rowley, the Supreme Court ruled that, under the Individuals with Disabilities Education Act, schools must provide students with an individualized education plan (IEP) “reasonably calculated to enable the […]
The National Labor Relations Board’s General Counsel is an important position. The General Counsel is, among other things, the NLRB’s chief prosecutor and sets the Agency’s prosecutorial agenda. The GC is appointed by the President and must be confirmed by […]
Federal District Courts Block Second Version of the Trump Administration’s “Travel Ban”
March 16, 2017
In another setback to the current administration’s goal of more tightly regulating visa issuance and the entry of nationals of specific countries to the United States, a federal district court in Hawaii issued a nationwide Temporary Restraining Order (TRO) just […]
What is the American Health Care Act?
March 9, 2017
What We Know Late in the evening on March 6, 2017, the House Republican leadership introduced a budget reconciliation bill that repeals certain parts of the Affordable Care Act and offers new provisions that would affect employer-sponsored health coverage. The […]