Section 1981 of the Civil Rights Act of 1866 prohibits discrimination on the basis of race in the making of contracts, including employment contracts. Section 1981 is often used by employees suing for race discrimination as...more
In the case of DiFiore v. CSL Behring, LLC, the Third Circuit ruled for the first time that the more demanding “but for” causation standard applies to retaliation claims under the False Claims Act (“FCA”), rejecting the lower...more
In May 2015, the Fourth Circuit Court of Appeals (which has jurisdiction over federal courts in Maryland, West Virginia, Virginia, North Carolina, and South Carolina) issued an opinion with negative consequences for employers...more
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
In a decision in favor of the University of Pennsylvania entered on August 7, 2013, the Third Circuit Court of Appeals reviewed the “but for” standard for liability under University of Texas Southwestern Medical Center v....more
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
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
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
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
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
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
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
Two cases decided by the U.S. Supreme Court at the end of its 2012-13 term, University of Texas Southwestern Medical Center v. Nassar and Vance v. Ball State University, will significantly alter the landscape of employment...more