News & Analysis as of September 21, 2024

Supreme Court of the United States

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

June 2017: The Top 15 Labor And Employment Law Stories

Fisher Phillips on 7/7/2017

It’s hard to keep up with all the recent changes to labor and employment law. While it always seems to evolve at a rapid pace, the last few months have seen an unprecedented number of changes. June 2017 was no different, with...more

Resignation triggers clock start for filing constructive discharge claims

McAfee & Taft on 5/25/2016

Federal law requires a governmental employee to file a constructive discharge claim with the Equal Employment Opportunity Commission within 45 days of the “matter alleged to be discriminatory.” The vagueness of that phrase...more

The Employment Law Authority - March/April 2016

Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/11/2016

A federal appellate court recently held that an employer did not violate the Americans with Disabilities Act (ADA) when it discharged an employee who had been sleeping at work and falling short of the employer’s performance...more

Blacklisting for Past Labor Violations -- Executive Order 13673

Bradley Arant Boult Cummings LLP on 9/9/2015

Officially known as “Fair Pay and Safe Workplaces,” Executive Order 13673 now consists of proposed guidance from the Department of Labor (DOL) and proposed regulations from the Federal Acquisition Regulatory Council (FAR). It...more

That is SO last week - August 2015

Zelle LLP on 8/4/2015

Last week, the world mourned Cecil the Lion, and all eyes were on the Minnesota dentist who killed him. The scrutiny of the dentist unearthed, among other things, a sexual harassment complaint lodged against him by a former...more

Is Sexual Orientation Now a Protected Class?

Miller & Martin PLLC on 7/20/2015

In our June 26 alert regarding the U.S. Supreme Court's same-sex marriage decision in Obergefell v. Hodges, we said we would continue to keep you posted regarding new developments in this area of the law. Some of you may...more

Fenwick Employment Brief - April 2014

Fenwick & West LLP on 4/22/2014

Supreme Court Confirms FICA Taxes Must be Withheld from Severance Payments - Finding severance payments to be a form of “remuneration for employment,” the United States Supreme Court in United States v. Quality Stores,...more

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

Nexsen Pruet, PLLC on 7/26/2013

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

Supreme Court Ruling Defines "Supervisor" and Gives Clarity, Peace of Mind to Employers

Baker Donelson on 7/16/2013

Last month the U.S. Supreme Court adopted a bright-line standard for determining which employees qualify as supervisors in harassment lawsuits filed under Title VII of the 1964 Civil Rights Act, thus resolving a split in the...more

California Employment Law Notes - July 2013

Proskauer Rose LLP on 7/12/2013

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

Supreme Court Defines “Supervisor” For Title VII

Sherman & Howard L.L.C. on 7/10/2013

The Supreme Court staked out a definition for "supervisor" in the context of Title VII. Vance v. Ball State Univ., No. 11-556 (June 24, 2013). Whether a person is a "supervisor" determines whether the employer can be held...more

Employment Law -- Jul 03, 2013

Manatt, Phelps & Phillips, LLP on 7/5/2013

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

SCOTUS Adopts a Workable Definition of “Supervisor” Under Title VII

Winstead PC on 6/28/2013

In Vance v. Ball State University, a 5-4 decision authored by Justice Alito and delivered on June 24, 2013, the U.S. Supreme Court held that, for the purpose of determining an employer’s liability under Title VII of the Civil...more

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

Stinson LLP on 6/27/2013

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

U.S. Supreme Court Adopts a Narrow Definition of a Supervisor in Harassment Claims

Orrick - Employment Law and Litigation on 6/27/2013

Resolving a split among the circuits, the U.S. Supreme Court held that a “supervisor” for Title VII harassment liability is limited to those who have the power to take a tangible employment action against the alleged victim...more

Who's the Boss? In Vance, Supreme Court Defines "Supervisor" for Purposes of Title VII Harassment Claims

Holland & Knight LLP on 6/27/2013

Since two landmark U.S. Supreme Court decisions in 1998, the courts have applied different rules to sexual and other discriminatory harassment claims under Title VII of the Civil Rights Act of 1964 ("Title VII") based on...more

Employers Prevail In Two U.S. Supreme Court Decisions

Pierce Atwood LLP on 6/27/2013

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

Supreme Court Issues Important Affirmative Action And Employment Law Decisions

Proskauer - Government Contractor Compliance... on 6/27/2013

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

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

Proskauer Rose LLP on 6/26/2013

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

Supreme Court Issues Two Title VII Decisions Favorable For Employers

McNees Wallace & Nurick LLC on 6/26/2013

At our recent Labor and Employment Law Seminar, we highlighted a number of outstanding legal cases that have the potential to have a significant impact on employer liability. ...more

U.S. Supreme Court Rejects EEOC’s “Nebulous” Definition of “Supervisor” under Title VII

Miller Canfield on 6/25/2013

Employers “may be vicariously liable for an employee’s unlawful harassment only where the employer has empowered that employee to take tangible employment actions against the victim…,” the U.S. Supreme Court ruled on June 25,...more

Supreme Court Issues Two Employer-Friendly Title VII Decisions

Ballard Spahr LLP on 6/25/2013

The U.S. Supreme Court yesterday issued two Title VII decisions favorable to employers. One case examined the definition of a supervisor under the anti-discrimination laws, and the other dealt with an employee’s burden of...more

"But for" causation must be used in Title VII retaliation cases, U.S. Supreme Court says

Miller Canfield on 6/25/2013

Title VII retaliation claims must be proven according to traditional “but for” causation principles, and not the less strict “motivating factor” standard applicable to other claims under the Statute, the U.S. Supreme Court...more

U.S. Supreme Court Issues Two Key Title VII Rulings

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/25/2013

On June 24, 2013, the Supreme Court of the United States issued two highly-anticipated decisions. In Vance v. Ball State University, the justices considered whether the “supervisor” liability rule established by Supreme Court...more

Supreme Court Decides Two Significant Cases in Favor of Employers

Baker Donelson on 6/25/2013

On June 24, 2013, the U.S. Supreme Court issued two decisions that will provide useful tools to employers in defending employment litigation....more

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