In a 6-3 decision written by Justice Neil Gorsuch, the U.S. Supreme Court ruled today that discrimination based on sexual orientation or gender identity is a form of “sex” discrimination prohibited by Title VII.
Justice...more
6/16/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employment Litigation ,
Gender Identity ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII
Mark your calendars!
Oral argument has been scheduled in two cases that will address whether Title VII prohibits discrimination based on sexual orientation or gender identity....more
7/10/2019
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employment Litigation ,
Gender Identity ,
LGBTQ ,
SCOTUS ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII
What the Supreme Court's decision in Fort Bend really means.
As you may have heard, the U.S. Supreme Court has allowed a plaintiff to proceed with a Title VII religious discrimination lawsuit even though she didn't file a...more
6/7/2019
/ Affirmative Defenses ,
Amended Complaints ,
Appeals ,
Charge-Filing Preconditions ,
Civil Rights Act ,
Equal Employment Opportunity Commission (EEOC) ,
Forfeiture ,
Fort Bend County Texas v Davis ,
Jurisdictional Requirements ,
Mandatory Claim-Processing Rules ,
Reaffirmation ,
Reasonable Accommodation ,
Religious Discrimination ,
Retaliation ,
Reversal ,
SCOTUS ,
Time-Barred Claims ,
Title VII ,
Waiver Rule ,
Wrongful Termination
The status, the arguments, and my predictions.
I've been waiting anxiously since September for the Supreme Court to agree to review three lower court decisions on whether LGBT discrimination violates Title VII of the Civil...more
Can you occasionally skip the EEOC and go straight to court if there's a really good reason?
The U.S. Supreme Court has yet to decide whether to review the LGBT cases we've had our eye on, or the salary history case....more
The Supreme Court decided Monday that it will review whether to keep or scrap its standard for reviewing interpretations by federal agencies of their own regulations. The Court's decision could have significant implications...more
I'll believe it when I see it.
The U.S. Supreme Court was supposed to decide last Friday (November 30) whether to review three lower-court decisions addressing whether Title VII prohibits discrimination based on sexual...more
Delayed again!
Not long ago, I posted that the U.S. Supreme Court was going to consider tomorrow whether to review three court of appeals decisions addressing whether Title VII's ban on "sex" discrimination applies to...more
We wish you the very best.
As you have no doubt heard, on Tuesday retired Supreme Court Justice Sandra Day O'Connor announced her withdrawal from public life because of dementia, "probably Alzheimer's disease."...more
C'mon, Supreme Court: Settle this one!
As you know if you read this blog regularly, there are three cases involving LGBT rights under Title VII that might make it to the U.S. Supreme Court....more
The announcement will be made at 9 p.m. Monday. Eastern Time, I presume.
According to the Daily Mail, as of Thursday night President Trump may have narrowed the field even more, to Judges Brett Kavanaugh and Raymond...more
The list is now down to three: Judge Kavanaugh, Judge Barrett, and Judge Kethledge. Can't wait for Monday!
Our final contender for the Supreme Court position is Brett Kavanaugh of the U.S. Court of Appeals for the District...more
How would Supreme Court contender Amul Thapar be for employers?
It's Fourth of July week, which means not much is happening in the world of politics. (Yay!)
But on Monday, President Trump is expected to announce his...more
Here is a judge an employer can love.
In our continuing series on the employment law rulings of President Trump's "short-list" candidates for Justice Anthony Kennedy's seat on the U.S. Supreme Court, we turn to Judge Raymond...more
Justice Anthony Kennedy has announced that he will retire from the U.S. Supreme Court, effective July 31....more
The employer in the "gay skydiver case" has reportedly asked for Supreme Court review.
According to Law360 and Equality Case Files (a non-profit organization that tracks litigation involving LGBT rights), the employer in...more
The issue of whether Title VII prohibits sexual orientation bias will have to be resolved another day.
This week the U.S. Supreme Court denied a petition for writ of certiorari filed by the plaintiff in Evans v. Georgia...more
President Trump’s Supreme Court nominee Judge Neil Gorsuch is still looking good to me. I’ve now read his famous (among law nerds, anyway) concurrence in Gutierrez-Brizuela v. Lynch, in which he criticizes the Chevron...more
President Trump announced yesterday that he would be naming his nominee for the U.S. Supreme Court next week. The nominee, if confirmed, will fill the seat vacated by the late Justice Antonin Scalia.
According to most news...more
Just how much of a duty to conciliate does the Equal Employment Opportunity Commission have after the Supreme Court’s decision last year in Mach Mining?
Hardly any, it appears.
In Mach Mining, the Supreme Court decided...more
A federal appeals court panel has come out with a decision interpreting the U.S. Supreme Court’s decision last year in Young v. UPS, and the result wasn’t too good for the employer.
The Sheriff’s Department of Ulster...more
President Obama has nominated Judge Merrick Garland of the U.S. Court of Appeals for the District of Columbia Circuit to the Supreme Court vacancy created by the death of Justice Antonin Scalia.
Judge Garland, age 63,...more
The National Labor Relations Board, for being naughty in too many ways to mention. Its rules on employer handbook policies, including confidentiality and social media, are unrealistic and almost impossible for employers to...more
12/23/2015
/ Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Job Applicants ,
NLRB ,
OSHA ,
Over-Time ,
Paternity ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
Religious Discrimination ,
Sanctions ,
SCOTUS ,
Summary Judgment ,
Wellness Programs
The U.S. Supreme Court agreed last Friday to review a decision from the U.S. Court of Appeals for the Eighth Circuit, which vacated a multi-million attorneys’ fee award for trucking company CRST Van Expedited, Inc. The Equal...more
Law360 reported this morning that Peggy Young and United Parcel Service have settled their pregnancy discrimination/accommodation case that went to the Supreme Court, resulting in this decision from last March. The Supreme...more