R. Joseph (“Joe”) Stennis, Jr. is a member of Bricker Graydon Wyatt’s Litigation & Dispute Resolution Service Team. Joe is a seasoned litigator, with over sixteen years of experience defending clients in the courtroom. Known ...
Written by R. Joseph Stennis, Jr.
The Sixth Circuit recently issued a decision that significantly raises the bar for when employers can be held liable under Title VII regarding harassment by customers or other non-employees. In Bivens v. Zep, Inc., a sales representative of a manufacturing company that distributes cleaning products to retail ...
Written by: R. Joseph Stennis, Jr. with the assistance of Summer Associates, Jon Michael Gaudin and Colin Flood
In a unanimous decision on June 5, 2025, the United States Supreme Court (“SCOTUS”) held that the Sixth Circuit erred in applying a heightened standard to Marlean Ames’ (“Ames”) employment discrimination claim based on ...
By: R. Joseph Stennis, Jr.
In his first 100 days in office, President Donald J. Trump issued 142 executive orders. That is substantially more than the previous record held by former President Franklin D. Roosevelt, who issued 99 executive orders during his first 100 days back in 1933 - which were issued primarily to combat the Great Depression! To ...
By: R. Joseph Stennis, Jr.
The “racial reckoning” prompted by the George Floyd and Breonna Taylor incidents in 2020 went ablaze all over America. Employers met the call for change by setting off a substantial surge in hiring Chief Diversity Officers and implementing Diversity, Equity & Inclusion (“DEI”) programs and policies for ...
By: Jordan P. Saylor and R. Joseph Stennis, Jr.
On March 27, 2023, the U.S. Supreme Court (“SCOTUS”) agreed to hear Acheson Hotels v. Laufer, a case that will address constitutional standing issues in an Americans with Disabilities Act (ADA) discrimination lawsuit. The case was initially brought by Deborah Laufer, a disabled woman, who ...
By: R. Joseph Stennis, Jr. and Marianna J. Michael
Recently, the National Labor Relations Board (“NLRB” or “Board”) issued a decision in McLaren Macomb, 372 NLRB No. 58. The NLRB determined that employers were prohibited from offering employees severance agreements that required employees to broadly waive their rights under Section 7 ...
By: R. Joseph Stennis, Jr.
On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“Act”). This landmark legislation, which had strong bipartisan support, amends the Federal Arbitration Act (“FAA”) for those individuals who allege they were sexually ...
By: Matthew L. Bunnell and R. Joseph Stennis, Jr.
The General Counsel for the National Labor Relations Board (the “Board”), Jennifer A. Abruzzo, issued a memorandum, GC 21-08, this past Wednesday describing her intent to treat college Players at Academic Institutions[1] as employees for purposes of the National Labor Relations Act ...
The EEOC recently announced that on the afternoon of March 27, 2020, it will be posting on its website a prerecorded webinar regarding the impact of COVID-19 on various federal non-discrimination laws. Specifically, the webinar will address questions submitted in advance to the EEOC on how employers should respond to ...
By R. Joseph Stennis, Jr. and Marianna Michael
It is now common knowledge that the World Health Organization (“WHO”) has classified COVID-19 as an international pandemic. This week, The U.S. Equal Employment Opportunity Commission (“EEOC”) issued guidance to employers on implementation strategies to utilize in navigating the impact ...
In a narrow 5 – 4 ruling, the United States Supreme Court (“SCOTUS”) finally put to rest yesterday an antagonistic class action waiver issue that has been brewing in various federal circuit courts for the past six years. In the opinion, (written by Trump Administration appointee Justice Neil Gorsuch), the Court ...
On March 7, 2018, the United States Court of Appeals for the Sixth Circuit reversed a district court decision and ruled in favor of a transgender employee who claimed she was terminated by her employer based on her sex pursuant to Title VII of the Civil Rights Act of 1964. Aimee Stephens, formerly known as Anthony Stephens ...
The City of Florence (“Florence” or “the City”) recently entered into a proposed consent decree, pending court approval, to resolve a discrimination lawsuit the Justice Department filed regarding two City female police officers. The lawsuit, filed last month, alleges both officers were discriminated ...
An out-of-date employee handbook that fails to recognize ever-evolving laws and regulations is more harmful than helpful to an employer. It is important to ensure that your company’s handbook stays current and ‘with the times.’ The following are six employment law topics that should be taken into consideration ...
On August 17, 2015, the National Labor Relations Board (“NLRB”) unanimously dismissed a petition by Northwestern University’s football team players to be categorized as “employee(s)” as that term is defined under the National Labor Relations Act (“NLRA”). The NLRB declined to assert jurisdiction over ...
By R. Joseph Stennis
This morning at Northwestern University’s campus located in Evanston, Illinois, players from the school’s football team cast secret ballots to determine whether to form the nation’s first union for college athletes. A total of seventy six football players were eligible to vote, but none were required to do so. It is ...
By R. Joseph Stennis
In support of National Equal Pay Day, President Obama signed an executive order on April 8, 2014, that prohibits federal contractors from retaliating against workers who discuss their compensation with each other and/or in the workplace. According to White House officials, this executive order will not compel workers to ...
By R. Joseph Stennis
Yesterday afternoon the Director of the NLRB’s regional office located in Chicago, Illinois ruled in a landmark decision that Northwestern University football players presently on scholarship at the school are an “employee” as that term is defined under the National Labor Relations Act (“NLRA”) and federal ...
By R. Joseph Stennis
In Lawson, et. al. v. FMR LLC, No. 12-3 (decided March 4, 2014), a divided U.S. Supreme Court confirmed that the whistleblower protections contained in the Sarbanes-Oxley Act of 2002 (“SOX”) extend to employees who work for private contractors that do business with public companies. At issue in the case was a bit of text in ...
By R. Joseph Stennis
Are student-athletes employees of a university or instead just amateur athletes who play sports for their schools? This is the question put forth by a group of current Northwestern University football players who recently announced via representatives their intent to unionize and be recognized as employees under federal ...