The date in the headline is NOT an error. We will explain below.
In an unforgiving decision, a unanimous Administrative Review Board of the USDOL reversed and remanded the entirety of the 2019 Recommended Decision and Order of USDOL Administrative Law Judge Morris Davis. In doing so, the ARB held that Judge Davis misunderstood and misapplied both the “disparate impact” and “disparate treatment class-type discrimination” law theories of liability to the facts of the case. (Judge Davis retired after he filed his decision in 2019 in this case and then ran as the Democrat candidate in