Introduction
On June 5, 2025, the U.S. Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Service that fundamentally altered how reverse discrimination claims are assessed under Title VII of the Civil Rights Act of 1964 (“Title VII”). The Court ruled that employees from majority groups, (e.g., white, heterosexual, male) are
Dickinson-Wright Blogs
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Travel Ban Redux: June 9 Implementation Regarding 19 Countries
June 4 marked a very active day for the administration in immigration related proclamations. The horrific act of anti-semitic violence by an Egyptian national B visa visitor overstay in Boulder, Colorado has served as a catalyst for both a travel ban and restrictions to cut off access to Harvard University by F-1, J-1, and M-1…
AI on Trial: Implications of the Workday Lawsuit for Automated Hiring
By Sara Jodka
Artificial intelligence continues revolutionizing HR and talent acquisition, promising efficiency and scalability in hiring processes. However, as a recent lawsuit against Workday shows, automation does not absolve employers or their vendors of compliance with anti-discrimination laws.
In Mobley v. Workday, Inc., Case No. 23-CV-770, a California federal judge allowed a collective action age discrimination lawsuit…
Artificial Intelligence and Lawyering: Why Machines Can’t Do Our Jobs
Just about every week, someone asks one of us how our work is being affected by artificial intelligence (“AI”), and especially about the large language models (“LLMs”), such as ChatGPT, that have become prevalent in everyday life. As commercial litigators, AI has limited application to the work that we do. Certainly, it can be helpful…
Breaking: FDA, HHS Seek Public Input on Cutting Rules
By Erica Erman
On May 13, 2025, the U.S. Department of Health and Human Services (HHS) and the U.S. Food and Drug Administration (FDA) announced a public Request for Information to “identify and eliminate outdated or unnecessary regulations.” The 60-day public comment period opened earlier this week and encourages stakeholders to submit their ideas for deregulatory actions.
According…
Start the Clock: Start the Clock—The Case for Including Contractual Limitations Periods in Employment Agreements.
Contractual limitations periods provide parties on both sides of an agreement certainty regarding the filing of a potential action. But many employers do not know that they may include such contractual limitations periods in their employment applications and agreements. Those contractual limitations periods can be effective in limiting exposure for potential claims.
In, King v.…
Crossing the Finish Line: Navigating Post-H-1B Registration
The H-1B visa program is a cornerstone for U.S. companies looking to hire international professionals in specialty occupations—from engineers and IT experts to researchers, teachers, and healthcare professionals, among others. Unfortunately, the cap of 85,000 visas that are available each year does not meet the demand. The selection rate of H-1B registrants for the fiscal…
The Partition Act: A Powerful Tool for Resolving Jointly Owned Property Disputes
By Ellad Gersh
In the recently released decision of Ross v. Luypaert, 2025 ONCA 236, the Ontario Court of Appeal reaffirmed that a co-owner of real estate can compel the sale of jointly owned property under the Partition Act. The only exception is where the opposing party can prove that such an application amounts to malicious, vexatious, or…
ACA Reporting Update: Some Relief and Process Streamlining for Employers
By Cyndi Moore
Applicable large employers (“ALEs”) are subject to reporting requirements under the Affordable Care Act (the “ACA”). To comply with the reporting requirements, an ALE must file a Form 1095-C with the IRS reporting certain information about the ALE’s offer of coverage to each full-time employee, identifying the employee, spouse, and dependents who are covered under…
Federal Enforcement of Mental Health Parity: Key Updates and Challenges Ahead
Previously published in Healthcare News and Healthcare Michigan
On January 17, 2025, the U.S. Departments of Labor, Health and Human Services, and the Treasury (“the Departments”) issued their 2024 Report to Congress on the enforcement and implementation of the Mental Health Parity and Addiction Equity Act (“MHPAEA”). This regularly required report follows the Departments’ Final…