In today’s news and commentary, the Fifth Circuit rejects Thryv remedies, the Third Circuit flirts with extending the holding of Ames to New Jersey’s employment discrimination statute, and two other circuits relax their application of the McDonnell Douglas framework.
On Friday, the Fifth Circuit ruled that Thryv remedies exceed the Board’s statutory authority, joining the Third Circuit’s lead. Both circuits declined to reach the constitutional argument that Thryv remedies violate the Seventh Amendment right to a jury trial. As Ajayan and Henry recently noted, the Ninth Circuit has come out on the other side, affirming the validity of Thryv remedies. The Fifth Circuit’s ruling thus adds to a deepening circuit split. However, the practical effect of taking Thryv remedies off the table in the Fifth Circuit may be nil, because in the Fifth Circuit unfair labor charges are already effectively blocked under the SpaceX decision.
In employment law news, a Third Circuit panel (which included Judge Bove, Trump’s controversial new appointee) showed interest last week in striking down the “background circumstances” test as applied to New Jersey’s employment discrimination statute. As Sophia reported back in June, the Supreme Court in Ames v. Department of Youth Services struck down the background circumstances test in the context of Title VII as incompatible with the text of Title VII and the Court’s Title VII precedents. Last week, the Third Circuit panel flirted with extending Ames...
The government on Thursday clarified that claims circulating on social media over the Indian LCA Tejas Mk1 suffering an oil leakage at the Dubai Airshow 2025 are false. The Press Information Burea...