ABM Wins Court Pause of Labor Department In-House Judge Case (1)

A federal judge in Texas has paused a federal contractor discrimination case before a Labor Department administrative law judge, finding that the in-house judge was unconstitutionally protected from removal.

Judge Sim Lake, a Reagan appointee to the Southern District of Texas, granted janitorial and cleaning services contractor ABM Industry Group’s request for a preliminary injunction, citing the US Court of Appeals for the Fifth Circuit’s 2022 ruling in Jarkesy v. SEC.

“Under Jarkesy Plaintiff is likely to succeed on the merits of its claim that DOL ALJ Fort is unconstitutionally protected by two layers of good-cause removal restrictions,” the judge ...