Joseph Baumgarten

Joseph Baumgarten

Proskauer Rose LLP

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Supreme Court Rules That Agency Interpretive Rules Are Not Subject to Notice-and-Comment Rulemaking

Recently, the Supreme Court issued a unanimous judgment that government agency "interpretive rules" are not subject to notice-and-comment rulemaking, but cautioned that those same rules do not carry the "force and effect of...more

3/18/2015 - Administrative Procedure Act DOL FLSA Interpretive Rule Notice and Comment Paralyzed Veterans Doctrine Perez v Mortage Bankers Assoc Rulemaking Process Wage and Hour

Supreme Court Adopts "But For" Causation Standard for Title VII Retaliation Claims

On June 24, 2013, the Supreme Court ruled that a plaintiff in a Title VII retaliation case must prove that the retaliation was the "but for" cause of the employer's adverse action. University of Texas S.W. Med. Ctr. v....more

6/26/2013 - But For Causation Discrimination Race Discrimination Religious Discrimination Retaliation SCOTUS Title VII UT Southwestern Medical v Nassar

Supreme Court Adopts an Employer-Friendly Definition of "Supervisor" for the Faragher/Ellerth Analysis

On June 24, 2013, the United States Supreme Court issued its opinion in Vance v. Ball State University, No. 11-556, 570 U.S. ___ (2013), holding that an employee is a "supervisor" for purposes of vicarious employer liability...more

6/26/2013 - Discrimination EEOC Harassment Hiring & Firing Race Discrimination SCOTUS Supervisors Title VII Vance v. Ball State University Vicarious Liability

Supreme Court Reinforces Strict Standard of Review of Affirmative Action Programs

In Fisher v. University of Texas, No. 11-345 (U.S. June 24, 2013), the Supreme Court vacated the Fifth Circuit's decision upholding a university's affirmative action plan that considered race as one of the factors in its...more

6/26/2013 - Affirmative Action College Admissions Diversity Fisher v University of Texas SCOTUS Strict Scrutiny Standard Universities

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