Take 5: Views You Can Use - November 2012


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?

Please see full newsletter below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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