Supreme Court of the United States Title VII

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
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The Employment Law Authority - March/April 2015 #2

In This Issue: - Supreme Court Revives Pregnant UPS Worker's Suit - Spouses of H-1B Visa Holders Applying for Residency Eligible for Work Permits - Turning Metrics Into Money: An Interview With Solange Charas,...more

Labor and Employment: The Supreme Court Addresses Pregnancy Accommodations Under Title VII (4/15)

On March 25, the U.S. Supreme Court issued its much anticipated decision in Young v. United Parcel Service, Inc., which centered on whether UPS unlawfully discriminated against a pregnant employee by denying her a light-duty...more

Splitting the Baby: SCOTUS Ruling in Pregnancy Discrimination Suit Calls For Review of Pregnancy Accommodations

On March 25, 2015, the U.S. Supreme Court issued a decision in Young v. United Parcel Service, Inc., holding that the Pregnancy Discrimination Act (PDA) requires courts to consider the extent to which an employer’s policy...more

U.S. Supreme Court Announces New Standard for Pregnancy Discrimination Claims

Last Wednesday the U.S. Supreme Court issued its much-anticipated decision in Young v. United Parcel Service, Inc. (UPS), which involves a claim of pregnancy discrimination under the Pregnancy Discrimination Act (PDA)....more

Statement of Samantha Elauf Following Oral Argument at the Supreme Court in EEOC v. Abercrombie & Fitch Stores, Inc.

WASHINGTON-- Samantha Elauf filed the original charge of religious discrimination with the U.S. Equal Employment Opportunity Commission (EEOC) that led to today's argument in the Supreme Court. She has the following statement...more

U.S. Supreme Court to Hear Oral Argument This Week in Abercrombie Discrimination Case

Another year has begun and it seems like the debate over Abercrombie and Fitch’s employee dress code policy shows no indication of stopping. Only this time – the U.S. Supreme Court is getting involved....more

U.S. Supreme Court Addresses Disparate Impact Liability Under the Fair Housing Act

On January 21, 2015, the U.S. Supreme Court heard oral argument in Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Docket No. 13-1371, a case that focuses on whether claims based on...more

The Pregnancy Discrimination Act – Granting Equal Rights to Being Treated Poorly?

In 1978 Congress enacted the Pregnancy Discrimination Act (“PDA”) to amend Title VII of the Civil Rights Act of 1964 to prohibit sex discrimination on the basis of pregnancy. Why then in 2014, over forty-five years later, is...more

Asking about religion accommodations

An employer’s obligation to raise the issue of potential accommodations for religious discrimination under Title VII will soon receive clarification, as the U.S. Supreme Court is set to hear E.E.O.C. v. Abercrombie & Fitch...more

Employment Law - Oct 2014 #2

EEOC Sues Over Transgender Discrimination - Why it matters: In its first cases alleging bias against transgender employees, the Equal Employment Opportunity Commission has filed suit against a Florida eye clinic and a...more

Seven Key Supreme Court Cases for Retailers to Watch

The Supreme Court of the United States is ending its summer recess and will start hearing oral arguments next week. There are seven key cases on the Court’s docket for the current term that could affect retailers. Here is a...more

Workplace Law Has Come a Long Way, Baby!

In 1964, Nicholas Katzenbach, the Attorney General of United States, ordered Ollie's Barbecue, a tiny restaurant in Birmingham, Ala., to desegregate. When the U.S. Supreme Court upheld that order, the newly passed Civil...more

Supreme Court to Review EEOC’s Charge Conciliation Obligation

Under Title VII and related federal civil rights laws, if the Equal Employment Opportunity Commission finds cause to believe that an employee’s rights have been violated, the agency is required to attempt to negotiate a...more

EEOC Sues Employer for Imposing "Onionhead" Religious Beliefs

Within the next several days, the U.S. Supreme Court is expected to release its decision regarding the government’s authority under the Affordable Care Act to require private employers to provide contraceptive care to...more

50 for 50: Five Decades of the Most Important Discrimination Law Developments - Number 37: The Supreme Court Raises The Bar On...

Throughout this series, we have discussed how common retaliation claims have become and how challenging the courts have found it to define “causation” in the context of Title VII cases. Those two trends intersected recently...more

50 For 50: Five Decades Of The Most Important Discrimination Law Developments - Number 27: Discrimination and Harassment Policies...

Before Title VII, employee handbooks were rare and, if they existed, they were small pamphlets explaining intra-office procedures. It wasn’t until the proliferation of lawsuits under Title VII that employers began to craft...more

50 For 50: Five Decades Of The Most Important Discrimination Law Developments - Number 23: After-Acquired Evidence

“You did what? If I Hadn’t Already Fired You, I’d Fire You Now!” What if? This is the question that has followed Title VII since its inception: how do you apply this revolutionary (yet seemingly straightforward) prohibition...more

50 for 50: Five Decades of the Most Important Discrimination Law Developments - Number 18: When Is An Employer Liable For...

Although Title VII was passed in 1964, it wasn’t until 1998 that the United States Supreme Court handed down two significant decisions in the companion cases of Faragher v. Boca Raton, 524 U.S. 775 (1998) and Burlington...more

50 for 50: Five Decades of the Most Important Discrimination Law Developments - Number 13: Equal Pay Gets A Boost In The Obama...

The Equal Pay Act, which mandates equal pay between the sexes for equal work, actually became law before Title VII, in 1963. While EPA claims often accompanied Title VII sex discrimination claims, there were some...more

Florida Supreme Court Decides that Florida Civil Rights Act Prohibits Pregnancy Discrimination

On April 17, 2014, the Florida Supreme Court resolved a certified conflict between two of Florida’s district courts of appeal, to hold that the Florida Civil Rights Act (FCRA) prohibits pregnancy discrimination. To read the...more

Fenwick Employment Brief - April 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

Did the EEOC Try Hard Enough to Resolve Your Case Before Filing Suit?

In March, 2014, three powerful business groups urged the U.S. Supreme Court to consider an important issue at stake for employers in Mach Mining LLC v. Equal Employment Opportunity Commission—can courts review the adequacy of...more

Hear No Evil; See No Evil: The General Corporate Knowledge Presumption

In a previous post, we discussed the importance of Kwan v. The Andalex Group LLC, – F.3d – (2d Cir. 2013) as it related to the likelihood of obtaining summary judgment on Title VII retaliation claims in the aftermath of the...more

NH Court Provides Guidance on Title VII Third-Party Retaliation Claims

The U.S. Supreme Court has made clear that a third party may bring a retaliation claim against an employer under Title VII, broadly interpreting the law’s prohibition of any employer conduct that might dissuade a reasonable...more

With the State of the Union Likely To Highlight Gender Equality, It is Time to Ask Whether Your Organization is on Track for a...

It has been almost eight years since the United States Supreme Court decided the Lilly Ledbetter case under Title VII and six years since President Obama invited Ledbetter to attend his State of the Union address. You may or...more

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