Writings by Matthew F. Mimnaugh

Matthew F. Mimnaugh is a member of the firm’s litigation department. Prior to joining the firm, Matt served as Chief Counsel to Commissioner Keith E. Sonderling of the Equal Employment Opportunity Commission (EEOC). Matthew advised the Commissioner on all policies, regulations, and statutes enforced by the EEOC, including the Americans with Disabilities Act and Title VII of the Civil Rights Act. As Chief Counsel, Matt’s duties also encompassed providing the Commissioner with legal and policy advice on litigation, amicus briefs submitted before federal appellate courts, and guidance pending before the Commission.

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Supreme Court and Title VII: Implications for Reverse Discrimination

Earlier this month, the U.S. Supreme Court issued a decision in Ames v. Ohio Department of Youth Services vitiating the so-called “background circumstances” test required by half of federal circuit courts.1 The background circumstances test required majority group plaintiffs pleading discrimination under Title VII of the Civil Rights Act to meet a heightened pleading standard […]

Author: Matthew F. Mimnaugh

July 2, 2025

President Trump's Termination of Member Gwynne Wilcox

On January 28, 2025, the Trump Administration terminated Gwynne Wilcox from her position as a Member of the National Labor Relations Board (NLRB or the Board). Gwynne Wilcox, a union side lawyer for Levy Ratner, was confirmed to the Board for an original term in 2021 and confirmed again for a successive five-year term expiring […]

Author: Matthew F. Mimnaugh

May 5, 2025

Redefining Labor Relations: NLRB's Pivot from Abruzzo’s Memoranda

On February 14, 2025, the Office of General Counsel (OGC) of the National Labor Relations Board (NLRB) under Acting General Counsel William B. Cowen issued Memorandum 25-05, “New Process for More Efficient, Effective, Accessible and Transparent Case handling.” The Memorandum rescinds nearly all of the Memoranda issued by his direct predecessor, Jennifer Abruzzo, setting the […]

Author: Matthew F. Mimnaugh

March 13, 2025

President Trump’s Termination of General Counsel Jennifer Abruzzo

On January 28, 2025, the Trump Administration terminated Jennifer Abruzzo from her position as General Counsel of the National Labor Relations Board (NLRB). Jennifer Abruzzo was nominated by President Biden in 2021 shortly after his inauguration. Role of the NLRB General Counsel The Office of General Counsel (OGC) is charged with oversight of NLRB’s […]

Author: Matthew F. Mimnaugh

February 4, 2025

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