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Appeals Equal Employment Opportunity Commission (EEOC) Split of Authority

Mintz - Employment Viewpoints

Supreme Court Clarifies Race Discrimination Claims Under 42 U.S.C. § 1981 Must Meet More Stringent “But-For” Causation Standard

Bringing positive news for employers and a welcome distraction from the COVID-19 crisis, the United States Supreme Court recently held that for claims of racial discrimination under Section 1981 of the Civil Rights Act of...more

Shook, Hardy & Bacon L.L.P.

National Employment Perspective | Focus on Discrimination

Supreme Court Issues Unanimous Opinion Upholding But-For Causation in Section 1981 Discrimination Cases - The U.S. Supreme Court has issued a unanimous opinion holding that a plaintiff who sues for racial discrimination in...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Requires But-For Causation for Section 1981 Claims

On March 23, 2020, the Supreme Court of the United States, in Comcast Corp. v. National Association of African-American Owned Media, ruled that a plaintiff who alleges race discrimination under 42 U.S.C. § 1981 must plead and...more

Fisher Phillips

SCOTUS Sets High Bar For Those Bringing Race Discrimination Cases

Fisher Phillips on

In a unanimous decision, the U.S. Supreme Court last week ensured that a high standard will be used when assessing whether claims of race discrimination under Section 1981 should advance past the early stages of litigation....more

McAfee & Taft

U.S. Supreme Court confirms ‘but for’ causation in Section 1981 cases

McAfee & Taft on

Surrounded by the confusion and anxiety of the current COVID-19 pandemic, it may feel refreshing to step back and consider some of the basic tenets of employment law. The U.S. Supreme Court’s recent decision in Comcast Corp....more

Hinshaw & Culbertson - Employment Law...

U.S. Supreme Court Holds Section 1981 Racial Discrimination Claims Require But-For Causation

In a unanimous decision issued on March 23, 2020, the United States Supreme Court held that a but-for causation standard applies to claims brought under Section 1981 of the Civil Rights Act of 1866. The Supreme Court also...more

Kramer Levin Naftalis & Frankel LLP

Supreme Court Confirms Strict “But for” Causation Test Applies to Section 1981 Claims

On Monday, March 23, the United States Supreme Court, in a nearly unanimous opinion, ruled that a plaintiff asserting race discrimination claims in the making of a contract under 42 U.S.C. § 1981 (Section 1981) bears the...more

Franczek P.C.

Supreme Court Holds that Claims for Intentional Discrimination Under Section 1981 Must Meet “But For” Causation Test

Franczek P.C. on

Section 1981 of the Civil Rights Act prohibits intentional race discrimination in all forms of contracting including employment. Lower courts have split as to whether a § 1981 plaintiff must prove that race was only one...more

DirectEmployers Association

OFCCP Week In Review: February 2020 #3

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Fisher Phillips

Supreme Court Ruling Clears Way For $350K Religious Bias Jury Award

Fisher Phillips on

Following a decision by the U.S. Supreme Court several months ago allowing a former employee to pursue a religious discrimination claim, a Texas federal jury recently ordered her former employer to pay her $350,000. The...more

Proskauer - Law and the Workplace

Emerging Trend: ADA Does Not Cover Potential Future Disabilities

Heeding the adage “no one knows what the future may hold,” the Seventh, Eighth and Eleventh Circuits have uniformly refused to extend protections of the Americans with Disabilities Act (ADA) to employees with a perceived risk...more

Snell & Wilmer

Fort Bend County v. Davis: SCOTUS Bends Employers' Defense to Title VII Claims, But Doesn't Break It

Snell & Wilmer on

On June 3, 2019, the United States Supreme Court ("Supreme Court") unanimously held in Fort Bend County v. Davis that federal courts may be able to hear claims brought under Title VII of the Civil Rights Act of 1964 (“Title...more

Williams Mullen

Failure to File EEOC Charge Does Not Automatically Bar Title VII Claims, Supreme Court Says

Williams Mullen on

On June 3, 2019, the U.S. Supreme Court held that an employee may be able to proceed with a federal discrimination lawsuit, even if the employee has not first filed a Charge of Discrimination with the Equal Employment...more

Eversheds Sutherland (US) LLP

SCOTUS rules exhaustion of administrative remedies is not jurisdictional – Does it matter?

On June 3, 2019, the Supreme Court issued a unanimous decision holding that Title VII’s administrative exhaustion requirement is not a jurisdictional bar to filing a lawsuit in court. The lawsuit involved an individual, Lois...more

Bricker Graydon LLP

U.S. Supreme Court limits employer defense to federal discrimination claims

Bricker Graydon LLP on

The U.S. Supreme Court recently delivered an important decision limiting an employer’s ability to dismiss federal employment discrimination lawsuits under Title VII of the Civil Rights Act of 1964. In Fort Bend County v....more

Ballard Spahr LLP

Supreme Court Rules that Employers Must Timely Raise Exhaustion of Administrative Remedies in Title VII Claims or Risk Forfeiting...

Ballard Spahr LLP on

On Monday, June 3, 2019, the U.S. Supreme Court issued a decision in Fort Bend County v. Davis, unanimously finding that Title VII’s administrative exhaustion requirement is not jurisdictional and that employers may forfeit...more

Butler Snow LLP

The Supreme Court Concludes that Title VII’s Charge Filing Requirement is not Jurisdictional

Butler Snow LLP on

On June 3, 2019, the U.S. Supreme Court concluded that the requirement set forth in Title VII to the Civil Rights Act of 1964 that a plaintiff must first exhaust her administrative remedies with the EEOC before filing suit is...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Rules That Employers Can Be Forced To Defend Against Actions Under Title VII Not Properly Brought Before the EEOC

Resolving a circuit split regarding the jurisdictional nature of Title VII’s charge-filing requirement—the statutory requirement that an employee who alleges that he or she has been subjected to unlawful treatment is required...more

Fisher Phillips

Employers, Beware: SCOTUS Ruling Creates Title VII Litigation Trap

Fisher Phillips on

The U.S. Supreme Court unanimously ruled today that Title VII’s administrative exhaustion requirement—whereby an aggrieved employee first must file a claim with the Equal Employment Opportunity Commission (“EEOC”) or a state...more

Littler

Supreme Court Holds EEOC Charge-Filing Requirement is Not Jurisdictional

Littler on

On June 3, 2019, the U.S. Supreme Court held in Fort Bend County v. Davis that the requirement to file a charge of discrimination with the EEOC (or relevant state or local agency) is not a jurisdictional prescription to a...more

Benesch

Scotus Makes Defending Job Bias Claims More Difficult for Employers

Benesch on

On June 3, 2019, the Supreme Court of the United States affirmed a decision of the 5th Circuit Court of Appeals, which held that employers in discrimination claims can waive their right to assert that the Plaintiff failed to...more

Foley & Lardner LLP

What the United States Supreme Court Holding on EEOC Charges Really Means

Foley & Lardner LLP on

On June 3, 2019, the U.S. Supreme Court issued a unanimous decision, written by Justice Ginsberg, that filing an EEOC Charge is not “jurisdictional.”  Fort Bend County, Texas v. Davis, No. 18-525 (June 3, 2019)....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Rules Title VII’s Requirement to File a Charge With the EEOC Is Not Jurisdictional

On June 3, 2019, the Supreme Court of the United States ruled that the precondition in Title VII of the Civil Rights Act of 1964 requiring employees to file a charge with the Equal Employment Opportunity Commission (EEOC)...more

Burr & Forman

U.S. Supreme Court Weakens Employer’s Procedural Defense Against Bias Suits

Burr & Forman on

On Monday, June 3, 2019, the U.S. Supreme Court unanimously ruled that federal courts can hear Title VII discrimination claims even if employees fail to first file with an administrative agency, such as the Equal Employment...more

Parker Poe Adams & Bernstein LLP

Fifth Circuit Reasserts View That Sexual Orientation Discrimination Is Not Protected Under Title VII

The U.S. Supreme Court has agreed to settle deep divisions between federal appellate courts on the question of whether an employee’s or applicant’s sexual orientation or gender identity are protected under Title VII’s sex...more

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