On June 5th, the US Supreme Court issued a unanimous opinion that reversed the Wisconsin Supreme Court to find that the state court had violated the establishment clause of the First Amendment by explicitly imposing “a denominational preference by differentiating between religions based on theological lines.” By distinguishing between religious bodies that engage in proselytizing with their charitable activities and the Catholic Church that does not engage in proselytizing with its charitable activities, an illegal distinction had been made
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Breaking News: U.S. Supreme Court Makes It Easier for Employees to Prove ‘Reverse Discrimination’
Yesterday, the U.S. Supreme Court clarified in the case of Ames v. Ohio Dept. of Youth Services, that “the standard for proving disparate treatment under Title VII does not vary based on whether or not the plaintiff is a member of a majority group.”
In the underlying case, the plaintiff (Marlean Ames) claimed that she was denied a promotion, and subsequently demoted from her then-current position at the Ohio Department of Youth Services (with a significant drop in
Continue Reading Breaking News: U.S. Supreme Court Makes It Easier for Employees to Prove ‘Reverse Discrimination’
U.S. Supreme Court Upholds Catholic Charity’s Religious Exemption From Wisconsin Unemployment Tax
In a 9-0 decision authored by Justice Sonia Sotomayor, the U.S. Supreme Court overturned a ruling by the Wisconsin Supreme Court, which held that Catholic Charities Bureau Inc. (the “Charities) and its subsidiaries were not exempt from making payments to the state’s unemployment insurance program.
The Wisconsin Court held that the group’s work was not religious. The U.S. Supreme Court held that denying the exemption violates the First Amendment
The appellant, Catholic Charities Bureau, Inc., is a nonprofit organization
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Staffing Agencies Take Note: Illinois Temporary Worker Equal Benefits Mandate Withstands Legal Challenge
On May 23, 2025, a federal court denied efforts to enjoin the Illinois Department of Labor (IDOL) from enforcing key provisions and amendments to the Illinois Day and Temporary Labor Services Act (the “Act”) that were signed into law by Governor Pritzker on August 9, 2024.
Illinois Day and Temporary Labor Services Act Background
In August 2023, the Act was amended to require staffing agencies to provide temporary workers assigned to the same client for more than 90
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Top Takeaways – Immigration Compliance Updates: Key Legal Insights for U.S.Employers in 2025
Top Takeaways – Immigration Compliance Updates: Key Legal Insights for U.S. Employers in 2025
As government scrutiny of workplace immigration practices continues, employers need to be up-to-date with the latest compliance requirements to avoid legal penalties and costly litigation. Our recent webcast emphasizes why it is essential for businesses to have a clear, proactive plan in place before government agents show up unexpectedly and outlines best practices, including:
- Training your employees. Employees need to know and understand the company’s
Federal Judge Vacates EEOC Guidelines on Sexual Orientation and Gender Identity
In its recent decision in Texas v. Equal Employment Opportunity Commission, the U.S. District Court for the Northern District of Texas (the “Court”) held that the Equal Employment Opportunity Commission (“EEOC”) cannot require employers to provide accommodations for transgender employees when it comes to bathroom access, dress codes and the use of pronouns, and that Title VII’s definition of “sex” does not apply to sexual orientation and gender identity.
Background
Title VII of the Civil Rights Act of 1964
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Should You File for Workers’ Compensation After an On-the-Job Injury in Wisconsin?
You were injured on the job. Should you file for workers’ compensation? This is an extremely common question. On-the-job injuries happen all the time, and most workers are not familiar with their rights under Wisconsin law.
While the answer to this question ultimately depends on your specific circumstances, it will be a clear, “Yes,” in many cases. Most workers in Wisconsin are eligible to file for benefits when they get injured on the job. Keep reading to learn
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Can Damage to a Customer’s Vehicle Caused by an Employee be Deducted from that Employee’s Paycheck Without Special Consent?
In Wisconsin, if an employee caused damage to a customer’s vehicle, can we deduct the cost from the employee’s paycheck without special consent?
Short answer—no, the employer must have provided consent or some form of written agreement with the employee in order to deduct the cost of the damages form the employee’s paycheck.
Under Wisconsin law, it is unlawful for an employer to make deductions from an employee’s earned wages for “defective or faulty workmanship, lost or stolen property
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Balancing Beliefs and Business: What Employers Need to Know About Religious Accommodations in the Workplace
Balancing Beliefs and Business: What Employers Need to Know About Religious Accommodations in the WorkplaceAs modern workplaces grow increasingly diverse, employers must be prepared to accommodate employees’ religious practices and observations in a respectful, inclusive, and lawful manner. Title VII of the Civil Rights Act of 1964 (“Title VII”), requires employers with at least 15 employees to provide reasonable accommodations for an employee’s sincerely held religious beliefs, practices, or observances, unless doing so would create an undue hardship on
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Accommodations in the Workplace
Executive Order Effectively Eliminates Disparate Impact Liability in Federal Employment Discrimination Cases
Title VII of the Civil Rights Act and other U.S. anti-discrimination laws have traditionally relied on two key theories of liability – disparate impact and disparate treatment. An April 23, 2025 Executive Order issued by President Trump effectively eliminates the disparate impact theory in federal employment cases. Disparate Impact vs. Disparate Treatment Theories Disparate impact discrimination occurs when a facially neutral workplace policy or practice disproportionately harms a protected group. Katherine M. O’Malley, Marquette 2014, is senior manager,
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Developing Effective Workplace Violence Programs in Health Care: ProtectingThose Who Care for Us
High rates of violent acts against heath care workers pose a serious risk to the safety and wellbeing of the medical and support professionals on the front lines of patient care. Studies show that health care workers are five times more likely to be victims of workplace violence than the public.
Such violence includes threats, verbal abuse, physical assault, and even homicide and has a negative impact on employees’ mental health. Therefore, health care employers should implement policies and
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Mental Health Matters: Disability Benefits for Wisconsin Police Officers
May is Mental Health Awareness Month, a time to spotlight the importance of emotional well-being and to empower and advocate for those living with mental health conditions. At our firm, we recognize that when people think of disability benefit claims, mental health conditions are often overlooked. Yet these conditions can be every bit as disabling as physical injuries — and in the case of law enforcement officers, the mental toll of the profession can be particularly devastating.
Police officers
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I Paid for That Software to Be Developed, So Why Don’t I Own It?
You may believe that your company has an unfettered right to do what it wants with a computer program created by its workers—but that may not be the case.
Consider the two similar scenarios below:
Suppose that your company is fortunate enough, or substantial enough, to have one or more software developer employees. Suppose also that one of your software developers writes the code for a new computer program that you would like to market.
Now, suppose your company
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Minnesota Paid Leave: Who Qualifies for Paid Leave?
As hinted in a previous blog post, here comes the first part in a series about Minnesota Paid Leave. As a quick recap, the State of Minnesota is in the process of rolling out a paid leave program, with benefits available starting January 1, 2026. The Minnesota Department of Employment and Economic Develop (DEED) will administer a benefit program to Minnesota employees of Minnesota employers. The program will be funded from a payroll tax, similar to
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Court Ruling Hamstrings IRS Enforcement of ACA Employer Mandate
On April 10, 2025, a federal court in Texas issued an opinion in the case of Faulk Co. v. Becerra that significantly impacts how the Affordable Care Act’s (ACA) employer mandate can be enforced.
The ruling effectively prevents the Internal Revenue Service (IRS) from assessing penalties against employers that fail to provide affordable, minimum health insurance coverage to their employees as required by the ACA for companies with at least 50 full-time equivalent employees.
The Court’s Decision
The court
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Lindner & Marsack’s Samantha Wood Published in Wisconsin Lawyer
We would like to congratulate Samantha Wood, attorney at Lindner & Marsack, S.C., on her recent publication in Wisconsin Lawyer. Her article, “Leveraging Immigration to Address Labor Shortages,” provides timely and essential guidance for employers navigating workforce challenges in today’s tight labor market.
Samantha explores how nonimmigrant visa programs—such as H-1B, TN, L-1, R-1, O-1, E-2, and B-1—can serve as practical tools for employers looking to fill temporary or specialized roles. With labor-force participation declining and recruitment becoming more
Continue Reading Lindner & Marsack’s Samantha Wood Published in Wisconsin Lawyer