The docket for the U.S. Supreme Court’s October 2012 term already contains five cases that could substantially impact the employment litigation landscape and employer affirmative action and diversity efforts. This month's Take 5 will summarize these five cases and how they may affect employers.

- Fisher v. University of Texas – Is Race-Based Affirmative Action Constitutional?

- Vance v. Ball State University – Who Is a “Supervisor” Under Title VII?

- Comcast Corp. v. Behrend7 – What Evidence Should a District Court Consider When Determining if a Class Should Be Certified?

- Genesis Healthcare Corp. v. Symczyk – Does an Offer of Full Relief to a Lead Plaintiff Render a Putative FLSA Collective Action Moot?

- U.S. Airways, Inc. v. McCutchen – Can Courts Rewrite ERISA Benefit Plan Language to Prevent Recoupment of Benefits from Plan Participants?

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