TFA notes that it may not have been declared legal. Rescinding a memo doesn't reverse existing case law; the meaning of said case law is subject to some disagreements (that the memo sought to clarify/remove).
Yeah I didn't want to go too far down the rabbit hole on the memo, just the most extreme case to demonstrate that if the law changes again, it's not a risk to the employer.
Comments
TFA notes that it may not have been declared legal. Rescinding a memo doesn't reverse existing case law; the meaning of said case law is subject to some disagreements (that the memo sought to clarify/remove).
Yeah I didn't want to go too far down the rabbit hole on the memo, just the most extreme case to demonstrate that if the law changes again, it's not a risk to the employer.