News & Analysis as of September 19, 2024

Supreme Court of the United States

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Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII has been subsequently extended to discrimination on the basis of pregnancy and sexual stereotypes and to prohibit sexual harassment. Title VII applies to all employers with fifteen or more employees including private employers, state and local governments, and educational institutions. less -

Eleventh Circuit Deepens Circuit Split Over Causation Standard for FMLA Retaliation Claims

Proskauer - Law and the Workplace on 12/26/2023

On December 13, 2023, an Eleventh Circuit panel firmly established “but-for” causation as the Circuit’s causation standard for Family and Medical Leave Act (FMLA) retaliation claims. Courts across the nation have adopted...more

SCOTUS Decision Impacts Discrimination Claims Against Religious Employers

Husch Blackwell LLP on 7/21/2020

Key Points •The ministerial exception protects religious employers from government interference in internal employment disputes involving the selection, supervision, and removal of individuals who play an important role...more

The U.S. Supreme Court Expands the Ministerial Exception

Dechert LLP on 7/15/2020

On July 8, 2020, in a 7–2 decision, the U.S. Supreme Court in Our Lady of Guadalupe School v. Morrissey-Berru expanded the “ministerial exception,” which allows religious organizations to avoid federal anti-discrimination...more

United States Supreme Court Clarifies the Scope of the Ministerial Exception

Payne & Fears on 7/13/2020

In Our Lady of Guadalupe School v. Morrissey-Berru, 591 U.S. ___, 2020 WL 3808420 (2020) (“Morrissey-Berru”), the United States Supreme Court provided further guidance on the application of the “ministerial exception,” which...more

Back In the Saddle and Ready To Ride: Will SCOTUS Buck Social Trends in the LGBT Rights Rodeo?

Obermayer Rebmann Maxwell & Hippel LLP on 10/11/2019

October 7, 2019 marked the beginning of a new U.S. Supreme Court term. One significant employment law matter the Court is expected to rule on has to do with lesbian, gay, bisexual and transgender (“LGBT”) rights. In a trio of...more

Supreme Court Hears Landmark Cases On Title VII Sexual Orientation and Gender Identity Discrimination

Seyfarth Shaw LLP on 10/9/2019

Seyfarth Synopsis: On October 8th, the Supreme Court heard oral argument in a trio of cases that may decide whether Title VII prohibits discrimination on the basis of sexual orientation and gender identity. In much of the...more

Key California Employment Law Cases: June 2019

Payne & Fears on 8/29/2019

This month's key California employment law cases involve EEOC charges, disability discrimination, and meal breaks....more

Employers: Don't Overlook Your Title VII Defenses!

Pullman & Comley - Labor, Employment and... on 7/26/2019

Last month the U.S. Supreme Court simultaneously resolved a long-running dispute about procedure under Title VII and sent a message to employers that it is important to pay attention and act promptly when faced with a Title...more

Invalidating Long-Standing Fourth Circuit Precedent, U.S. Supreme Court Holds that Title VII’s Charge Filing Requirement is...

Cranfill Sumner LLP on 7/3/2019

Before initiating a lawsuit under Title VII, a complainant must first file a charge of discrimination with the U.S. Equal Employment Opportunity Commission (EEOC) within 180 days of the alleged act of discrimination....more

Supreme Court: Title VII’s Requirements Not Jurisdictional

Manatt, Phelps & Phillips, LLP on 6/28/2019

In a unanimous decision, the U.S. Supreme Court ruled that Title VII’s charge-filing precondition to suit is not a jurisdictional requirement and is instead a procedural prescription that is subject to forfeiture, refusing to...more

SCOTUS: Filing Requirement is Not Jurisdictional

Jones Day on 6/27/2019

The Situation: The U.S. Supreme Court unanimously held that filing a charge of discrimination with the Equal Employment Opportunity Commission ("EEOC") is not a jurisdictional prerequisite to bringing a Title VII lawsuit. The...more

Use It or Lose It: SCOTUS holds that EEOC Charge-Filing Requirement Is Forfeited If Not Timely Asserted

Orrick - Employment Law and Litigation on 6/21/2019

On June 3, 2019, the United States Supreme Court issued its decision in Fort Bend County, Texas v. Davis, resolving a circuit split regarding whether Title VII’s charge-filing requirement with the Equal Employment Opportunity...more

Timely Use It, or Lose It: Recent Supreme Court Case Provides Reminders for Employers, but Employees Still Need to File a Charge...

Bracewell LLP on 6/20/2019

In Fort Bend County, Texas v. Davis (U.S. June 3, 2019), the U.S. Supreme Court (Court) held that the charge-filing requirement under Title VII of the Civil Rights Act of 1964 (Title VII) is not jurisdictional. The case...more

U.S. Supreme Court Says Plaintiff Can Sue For Discrimination Without Filing EEOC Charge

Parker Poe Adams & Bernstein LLP on 6/17/2019

On June 3, the U.S. Supreme Court unanimously resolved a split among federal appellate courts dealing with the question of whether Title VII’s requirement that plaintiffs file an administrative charge with the Equal...more

Use It Or Lose It: U.S. Supreme Court Holds Employers Who Wait Too Long to Raise EEOC Claim Objection to Title VII Discrimination...

PilieroMazza PLLC on 6/17/2019

Recently, in Fort Bend County, Texas v. Davis, the U.S. Supreme Court was faced with a jurisdictional question: If a plaintiff fails to exhaust her remedies by first filing an Equal Employment Opportunity Commission (“EEOC”)...more

Raise Title VII Defense Early On or Risk Waiver, Supreme Court Rules

Womble Bond Dickinson on 6/13/2019

The U.S. Supreme Court recently clarified that the requirement that a plaintiff exhaust his/her administrative remedies before filing a discrimination claim under Title VII of the Civil Rights Act is a mandatory...more

The Bubbler - June 2019

Mintz - Employment Viewpoints on 6/13/2019

Welcome to June! As we head into the summer, the employment law world continues to heat up! We have rounded up the most recent developments impacting employers for your summer reading pleasure here....more

Use It or Lose It: Supreme Court Rules that Failure to Exhaust Defense Must be Prompt

Seyfarth Shaw LLP on 6/13/2019

Seyfarth Synopsis: New decision from the Supreme Court ruled that Title VII’s requirement that plaintiffs file with the EEOC or other state agencies is a non-jurisdictional claim-processing rule, which means it can be...more

Supreme Court Holds That in Title VII Suits, Employers Must Raise Failure to Exhaust Administrative Remedies in a Timely Manner or...

Kramer Levin Naftalis & Frankel LLP on 6/13/2019

The Supreme Court held in Fort Bend County v. Davis that the charge-filing precondition to suit of Title VII of the Civil Rights Act of 1964 is a mandatory claim-processing rule subject to waiver, not a jurisdictional bar to...more

Charge of Discrimination is Not Jurisdictional: U.S. Supreme Court Makes Dismissal of Discrimination Claims More Difficult for...

Maynard Nexsen on 6/12/2019

On June 3, 2019, the U.S. Supreme Court unanimously ruled that the requirement under Title VII of the Civil Rights Act for employees to file an administrative charge of discrimination with the Equal Employment Opportunity...more

Supreme Court Holds Title VII's Charge-Filing Requirement Is a Mandatory Claim-Processing Rule Subject to Forfeiture

Jackson Walker on 6/10/2019

Title VII of the Civil Rights Act of 1964 provides a claim for discrimination in employment on the basis of race, color, national origin, sex, religion, and retaliation, but it requires that a plaintiff file a charge of...more

Supreme Court Warns Employers Not To Delay Asserting Defenses In Employment Discrimination Cases

Holland & Knight LLP on 6/7/2019

The U.S. Supreme Court ruled unanimously on June 3, 2019, in Fort Bend County, Texas v. Davis, that federal courts may hear plaintiffs' claims of discrimination brought under Title VII, even if those claims were not brought...more

Supreme Court: Title VII’s Charge-Filing Requirement Is Not Jurisdictional

Morgan Lewis on 6/7/2019

Title VII’s charge-filing requirement is nonjurisdictional and is subject to forfeiture rules, the US Supreme Court ruled unanimously on June 3. The decision does not eliminate the rule that employees must first file charges...more

U.S. Supreme Court Rules That Title VII's Requirement to File an EEOC Charge Before Commencing a Federal Court Lawsuit is Not a...

Bond Schoeneck & King PLLC on 6/7/2019

On June 3, 2019, the United States Supreme Court unanimously ruled in the case of Fort Bend County, Texas v. Davis that the requirement under Title VII of the Civil Rights Act ("Title VII") to file an administrative charge...more

Skip The EEOC And Go Straight To Court?

Lowndes on 6/7/2019

Employers Can No Longer Wait To Assert Affirmative Defense of Failure to Exhaust Administrative Remedies In Fort Bend County v. Davis, the United States Supreme Court unanimously ruled Monday, June 3, 2019, that the...more

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Title VII › Wrongful Termination › Supreme Court of the United States

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