Supreme Court

U.S. Supreme Court: Mixed Motive Framework Rejected as a way to Establish Causation in §1981 Claims
April 2, 2020
On March 23, 2020, the Supreme Court, in a unanimous decision, held that plaintiffs who bring actions under §1981 of the Civil Rights Act of 1866 bear the burden of showing that race was a “but-for” cause of their injury—that is, that their injury would not have occurred but for their race.
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Supreme Court Holds that Claims for Intentional Discrimination Under Section 1981 Must Meet “But For” Causation Test
March 26, 2020
In Comcast Corp. v. National Association of African American-Owed Media, et al an African-American owned television network operator sued Comcast because Comcast refused to enter into a contract to carry the operator’s networks.
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EEO Tips: How the Supreme Court May Affect Employers in 2020
February 9, 2020
What is the Supreme Court doing this year that will affect employers? They have a number of things in the works that are worth watching.
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Supreme Court to Decide LGBTQ Coverage Under Title VII
September 30, 2019
On October 8, the U.S. Supreme Court will hear arguments on whether the prohibition of discrimination based upon “sex” includes sexual orientation, gender identity (transgender status), and gender expression.
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Supreme Court Kisor Decision Has Implications for Employers
June 27, 2019
On June 26, the United States Supreme Court issued a decision in Kisor v. Wilkie, a case seeking to overturn prior precedent requiring deference to federal agencies’ interpretations of their regulations.
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U.S. Supreme Court: Lack of EEOC Filing Not Absolute Bar to Title VII Claims
June 12, 2019
In Fort Bend Cty. v. Davis, the Plaintiff originally accused her employer of sexual harassment and retaliation, and later added claims of religious discrimination.
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U.S. Supreme Court Finds Charge Filing Requirement to be Procedural, Not Jurisdictional
June 3, 2019
The United States Supreme Court has ruled that the requirement to file a charge of discrimination before bringing a discrimination lawsuit is a procedural requirement that may be waived, as opposed to a jurisdictional one that would deprive a court of the ability to even hear the case.
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Does “Sex” Encompass Sexual Orientation and Gender Identity? The Supremes Will Soon Decide
May 15, 2019
A more conservative Supreme Court than we’ve seen in recent history is poised to consider whether Title VII’s prohibition on discrimination based on “sex” includes sexual orientation and gender identity.
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Supreme Court Limits Use of Class Action Arbitrations
April 25, 2019
On April 24, 2019 the United States Supreme Court held that an employee cannot expand an individual claim to a class action arbitration unless both parties have explicitly agreed to that process.
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Supreme Court to Decide if Title VII Prohibits Discrimination Based On Sexual Orientation, Transgender Status, and Gender Identity
April 22, 2019
The Supreme Court announced on April 22nd that it will address whether federal civil rights laws protect gay, lesbian, and transgender employees from discrimination.
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Supreme Court Rings in the New Year with Two Arbitration Decisions
February 8, 2019
In January 2019, the Supreme Court of the United States issued two decisions affecting workplace arbitration agreements.
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Understanding The U.S. Supreme Court’s Two Recent Arbitration Decisions
January 22, 2019
On January 8, 2019, the U.S. Supreme Court issued a pro-arbitration decision in Schein v. Archer & White Sales, Inc. which provided great news for employers by strengthening arbitration agreements.
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