Just before Thanksgiving, Pennsylvania gave some employees another reason to give thanks. On November 25, 2025, Pennsylvania Governor Josh Shapiro signed the Creating a Respectful and Open World for Natural Hair (CROWN) Act into law. The law amends the Pennsylvania Human Relations Act (PHRA) to define “race” and “religious creed”—two classes which are legally protected against workplace discrimination—to include certain hairstyles and head coverings.… Continue Reading
Make-Whole or Make-Believe: NLRB “Foreseeable” Damages Creates Circuit Split
Circuit Split Over Thryv Remedies. On October 20, 2025, the U.S. Court of Appeals for the Ninth Circuit generally upheld expanded make-whole remedies contemplated by the National Labor Relations Board (the “Board”) in Thryv, Inc., 372 NLRB No. 22 (2022). But since Halloween this year, both the Fifth and the Sixth Circuits joined the Third Circuit in rejecting Thryv remedies.… Continue Reading
No Job, No Application, No Lawsuit: Supreme Court Concludes Retiree Who Neither Held nor Sought Job Not “Qualified” to Bring ADA Discrimination Claim
Retirees experiencing changes in post-employment benefits due to disability may not be able claim disability discrimination, following a recent fractured U.S. Supreme Court decision.
On Friday, June 20, 2025, the Supreme Court resolved a circuit split: whether a person who no longer holds or seeks a job with their former employer can sue that employer for alleged post-employment discrimination under the Americans with Disabilities Act (“ADA”).… Continue Reading