04.07.2025DC Circuit Reverses Reinstatement Of Agency Board MembersIn a split decision, the D.C. Circuit Court of Appeals reversed the District Court and ruled that President Trump is not obligated for now to reinstate fired National Labor Relations Board and Merit Systems Protection Board members, undoing the District Court’s injunction. The District Court ordered Trump to reinstate the agency board members – Gwynne Wilcox of the NLRB and Cathy Harris of the MSPB – reasoning that his right to fire them was restricted by Congress and a 1935 Supreme Court decision in Humphrey's Executor v. U.S. On March 28, the Appeals Court explained that the law since 1935 has trended towards more presidential sway over independent agency officials, and therefore, President Trump is likely to succeed on the merits of the case.
05.25.2023A Second Chance: NJ Employer Escapes Liability Where It Rectifies Discriminatory Conduct On May 17, 2023, in Schoenberg v. The Devereux Foundation, the New Jersey Appellate Division affirmed summary judgment for an employer, on a complaint filed by a former employee alleging gender and pregnancy discrimination in violation of the New Jersey Law Against Discrimination (NJLAD). The Court found that even where the employer had discriminated against the employee by revoking a job offer when it learned the employee was pregnant, the employer had rectified the situation and made the employee “whole” by reinstating the offer. The Court concluded that the employee unreasonably rejected the offer.
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