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Showing posts with label supreme court. Show all posts
Showing posts with label supreme court. Show all posts
Thursday, March 20, 2025

This is what a constitutional crisis looks like

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"For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judi...
Thursday, February 27, 2025

Will SCOTUS heighten the evidentiary burden for plaintiffs in "reverse discrimination" cases?

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Yesterday, the Supreme Court heard oral arguments in the case of Marlean Ames, a straight woman who sued the Department of Youth Services fo...
Wednesday, October 9, 2024

SCOTUS to weigh in on the burden of proof in "reverse" discrimination cases

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The purpose of our workplace discrimination laws is to ensure that all employees are treated equally, right? Maybe … but maybe not. Next ter...
Thursday, April 18, 2024

Supreme Court eases path for employees to sue employers for discriminatory job transfers

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In a unanimous decision , the Supreme Court held that an employee alleging a discriminatory job transfer need not show the suffering of a ...
Wednesday, June 5, 2019

SCOTUS decides whether Title VII’s charge-filing precondition to suit is jurisdictional or non-jurisdictional

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If the U.S. Supreme Court decided an employment case, I’m contractually obligated to blog about it. Yet,  Ford Bend County, Texas v. Davi...
Monday, September 17, 2018

Sexual harassment allegations unjustifiably ruin people's lives only if they are false

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Peoples lives are being shattered and destroyed by a mere allegation. Some are true and some are false. Some are old and some are new. The...
Tuesday, July 10, 2018

Brett Kavanaugh, Supreme Court Justice?

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The pick is in. Brett Kavanaugh is President Trump's nominee to replace Justice Kennedy on the Supreme Court. What type of Justice wil...
Tuesday, May 22, 2018

SCOTUS decision on class action waivers is not the epic win for employers it may seem to be

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Yesterday, in a narrow, 5-4 partisan decision, the Supreme Court issued its most anticipated employment decision of its current term,  Epi...
Tuesday, April 3, 2018

Supreme Court puts the breaks on the narrow constructions of FLSA exemptions

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Photo  by Coolcaesar (Own work) , via Wikimedia Commons Yesterday, in a narrow 5-4 decision, the Supreme Court held that automobile ser...
Wednesday, March 22, 2017

SCOTUS takes largely meaningless swipe at Obama’s NLRB legacy

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Lafe Solomon There is little doubt that under President Obama, the NLRB reinvented itself into an agency about which all employers must ...
Monday, January 16, 2017

SCOTUS to review NLRB ban on class-action waivers

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One of the biggest issues on the NLRB’s hit list over the past few years has been class-action waivers. In D.R. Horton , a 3-2 majority of...
Tuesday, May 24, 2016

#SCOTUS extends time limits for constructive discharge claims

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Yesterday, in Green v. Brennan [pdf] (background here ), the Supreme Court considered when the statute of limitations begins to run for ...
Monday, February 15, 2016

Scalia

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I was on my way to the Rock and Roll Hall of Fame to watch my daughter perform at the High School Rock Off when my phone started going nu...
Wednesday, November 11, 2015

An injury without an injury — part 2? #SCOTUS and collective wage/hour violations

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Can a plaintiff support a collective lawsuit if some of the individuals in the purported class have not suffered any harm? The Supreme Cou...
Tuesday, November 3, 2015

An injury without an injury? #SCOTUS, standing, and the Fair Credit Reporting Act.

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Yesterday, the Supreme Court heard oral argument in Spokeo, Inc. v. Robins . This case should answer a very important question for employers...
Tuesday, June 2, 2015

#SCOTUS requires employers to stereotype in ruling for EEOC in hijab-accommodation case

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Yesterday, the United States Supreme Court ruled that an employer violates Title VII’s religious accommodation requirements if the need for ...
Thursday, April 30, 2015

Supreme Court ruling on EEOC conciliation obligations is a Pyrrhic victory for employers

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One question that employers always ask upon receipt of an EEOC charge of discrimination is, “How does this process work?” After the EEOC con...
Wednesday, April 29, 2015

Supreme Court to consider time limits for constructive discharge claims

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Yesterday, the Supreme Court finished its Spring 2015 term with oral argument in Obergefell v. Hodges, the same-sex-marriage case. Earlier i...
Wednesday, March 25, 2015

BREAKING: McDonnell Douglas lives! #SCOTUS applies decades-old test to pregnancy accommodation claims

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This morning, the U.S. Supreme Court issued one of its most anticipated employment-law rulings of this term, in Young v. United Parcel Servi...
Thursday, February 26, 2015

Reading the #SCOTUS tea leaves: headscarves, religious accommodations, and Abercrombie

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Yesterday, the Supreme Court heard oral argument in EEOC v. Abercrombie & Fitch Stores, Inc. ( transcript here [pdf] ), which will hope...