After a nearly six-year legal battle, the Fifth Circuit has struck down the U.S. Equal Employment Opportunity Commission’s 2012 Enforcement Guidance on the consideration of criminal history in employment decisions. On August 6, a three-judge panel held that the Guidance was a substantive rule the EEOC had no authority to issue and that the EEOC can no longer enforce the Guidance or treat it as binding in any respect.
Continue Reading EEOC Criminal History Guidance Struck Down by Fifth Circuit
The Fifth Circuit recently joined a majority of its sister circuits in holding that the question of whether arbitration agreements authorize class arbitration should be decided by courts.
Continue Reading 5th Circuit Agrees: Availability of Class Arbitration is “Gateway Issue” for the Courts
The Supreme Court once again has shown its strong preference for enforcing the terms of arbitration agreements as written by the parties. In Henry Schein Inc. v. Archer & White Sales Inc., Justice Kavanaugh’s first written opinion, the Court held that when an arbitration agreement delegates the threshold question of arbitrability to an arbitrator, the arbitrator, not a court, should decide the question, even if it is clear to a court that the dispute is not covered by the arbitration agreement.
Continue Reading Supreme Court Enforces Yet Another Arbitration Agreement