News & Analysis as of

Harassment UT Southwestern Medical v Nassar

Obermayer Rebmann Maxwell & Hippel LLP

Employment Retaliation Claims – Still Alive and Well (and Potentially Dangerous)

Federal law and most state laws protect employees who complain about discrimination and harassment from retaliatory adverse employment actions (such as demotion or termination). Because retaliation claims can succeed even...more

Fisher Phillips

Labor Letter, September 2013: Employers Go "Two For Two" – Three Times Over: A Review Of The 2012-13 Supreme Court Term

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Looking back at the recently-completed 2012-2013 Supreme Court term, employers should have reason to feel good about how things turned out. In fact, of the six major decisions that impact employers and can be categorized in...more

Fisher Phillips

Labor Letter, September 2013: Supreme Court Tightens Standard In Retaliation Cases

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As the U.S. Supreme Court ended its most recent term with a number of cases that will have broad societal implications, one employment law case decided by the Court seems to have taken somewhat of a back seat, despite the...more

Dechert LLP

International Employment Law Review: August 2013 - Issue 4: Recent Employment Law Developments in the United States

Dechert LLP on

U.S. Supreme Court Decisions - Court Limits Definition of “Supervisor” Under Federal Anti-Discrimination Law - In Vance v. Ball State University (June 24, 2013), in a 5-4 decision, a majority of the Supreme...more

Foley Hoag LLP

Supreme Court Makes it Harder for Employees to Bring Suits Under Title VII

Foley Hoag LLP on

The Potential Implications for Educational Institutions - Last month, at the close of its October 2012 term, the Supreme Court issued two important rulings in Title VII employment discrimination cases that make it...more

Wilson Sonsini Goodrich & Rosati

U.S. Supreme Court Issues Three Decisions Favorable to Employers

By the end of this year’s term, the United States Supreme Court had issued three “employer-friendly” decisions. While the decisions do not dramatically alter the employment law landscape, employers will still welcome the...more

Nexsen Pruet, PLLC

Two Supreme Court Rulings Improve Employer's Ability to Defend Against Harassment, Retaliation Claims

Nexsen Pruet, PLLC on

On June 24, 2013, the U.S. Supreme Court handed down two critical decisions regarding Title VII of the Civil Rights Act, which improve an employer’s ability to defend against employee claims of harassment and retaliation. ...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - July 2013

In This Issue: - U.S. Supreme Court Issues Two Important Decisions Under Title VII - Supreme Court Holds Lone Plaintiff’s FLSA Collective Action Is Moot When Claims Are Resolved Before Certification -...more

Bradley Arant Boult Cummings LLP

Raising the Bar on Employer Liability for Harassment and Retaliation

On June 24, the Supreme Court issued two new opinions in favor of employers, both five-to-four decisions that narrowly construe the scope of Title VII’s retaliation and employer liability rules and significantly raise the bar...more

Fenwick & West LLP

Fenwick Employment Brief - July 2013: Employee Claiming Retaliation Must Meet Higher Standard of Proof

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In another favorable ruling for employers, the Supreme Court in University of Texas Southwestern Medical Center v. Nassar clarified that employees must satisfy a higher “but for” standard of proof to prevail in a Title VII...more

Franczek P.C.

A Review Of The Supreme Court’s 2012-2013 Term

Franczek P.C. on

As the United States Supreme Court’s 2012-2013 term drew to a close at the end of June, commentators observed a continuing gradual but perceptible shift to the right by the Court. The Roberts Court is generally viewed as...more

Cole Schotz

United States Supreme Court Issues Two Employer-Friendly Decisions With Far-Reaching Impact in Employee Harassment Cases

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On June 24, 2013, the United States Supreme Court issued two employer-friendly opinions that substantially narrow potential liability for claims of supervisor misconduct and retaliation under Title VII of the Civil Rights Act...more

Proskauer Rose LLP

California Employment Law Notes - July 2013

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Employee Must Prove That Illegal Retaliation Was The "But For" Cause Of Adverse Job Action Under Title VII - University of Tex. S.W. Med. Ctr. v. Nassar, 570 U.S. ___, 2013 WL 3155234 (2013) - The United States...more

Stoel Rives LLP

Part 2 of 2: Supreme Court Rules That "Supervisors" Under Title VII Must Have Power to Take Tangible Employment Actions

Stoel Rives LLP on

On Monday, we blogged about the first of two recent U.S. Supreme Court decisions interpreting Title VII of the Civil Rights Act of 1964 (“Title VII”), University of Texas Southwestern Medical Center v. Nassar. Today, we’ll...more

Hinshaw & Culbertson LLP

Retaliation Under Title VII Must Be Proven Under Traditional “But For” Causation Doctrine

Where a person seeks compensation for injury resulting from wrongful conduct, there must be a demonstrated connection between the wrong alleged and the injury — i.e., causation. The default rule, developed in connection with...more

BakerHostetler

Employees Must Prove Retaliation Was “But-For” Cause of Employment Action

BakerHostetler on

Employers are well aware that poorly performing employees may lodge baseless retaliation claims as a smokescreen to interfere with legitimate discipline....more

Laner Muchin, Ltd.

Supreme Court Makes Defending Title VII Cases Easier For Employers; Decides To Review Noel Canning, Will Rule On NLRB Recess...

Laner Muchin, Ltd. on

On June 24, 2013, the U.S. Supreme Court issued opinions in two cases which are clear victories for employers. First, in Vance v. Ball State University, the Supreme Court held that “an employer may be vicariously liable for...more

McAfee & Taft

Supreme Court rulings favor employers in retaliation, discrimination cases

McAfee & Taft on

Recently, the U.S. Supreme Court issued two decisions that will make it more difficult for employees to pursue various employment claims under Title VII of the Civil Rights Act of 1964....more

Pillsbury Winthrop Shaw Pittman LLP

Impact of Supreme Court Pro-Employer Title VII Decisions Blunted by State Laws

On June 24th, the Supreme Court issued two important decisions that narrow the circumstances under which employers can be held liable for retaliation or harassment claims under Title VII of the Civil Rights Act of 1964. In...more

Manatt, Phelps & Phillips, LLP

Employment Law -- Jul 03, 2013

Excerpt from Supreme Court Sides With Employers in Title VII Suits - Capping off a term of big decisions with employer-friendly results, the U.S. Supreme Court weighed in on two major employment issues in a pair of...more

Proskauer - California Employment Law

Employers Win Big In Two New U.S. Supreme Court Cases

The Supreme Court ruled that a plaintiff asserting retaliation under Title VII of the Civil Rights Act of 1964 (“Title VII”) must prove that the retaliation was the “but for” cause of the employer’s adverse action....more

Burr & Forman

Burr Alert: Historic Supreme Court Term Includes Two Favorable Decisions For Employers

Burr & Forman on

News agencies flocked to Washington D.C. to witness the end of the United States Supreme Court's October 2012 term expecting something momentous. Handing down historic decisions on such controversial issues as affirmative...more

Stinson LLP

Employment And Labor Insight: Employers Win Big Before The U.S. Supreme Court

Stinson LLP on

As the United States Supreme Court wraps up its term, employers should take note of three decisions issued this past Monday, June 24....more

Pierce Atwood LLP

Employers Prevail In Two U.S. Supreme Court Decisions

Pierce Atwood LLP on

The U.S. Supreme Court issued two closely watched decisions Monday affecting Title VII cases....more

Proskauer - Government Contractor Compliance...

Supreme Court Issues Important Affirmative Action And Employment Law Decisions

This week the Supreme Court issued three decisions that may significantly impact federal contractors and other employers: In Fisher v. University of Texas, No. 11-345 (U.S. June 24, 2013), the Supreme Court held that a...more

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