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Hiring & Firing › Supreme Court of the United States

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... more +
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 -
Stevens & Lee

Supreme Court Rules: No Extra Hurdles for Reverse Discrimination Cases

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On June 5, 2025, the U.S. Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services that reverse discrimination claims are no longer subject to different rules. This decision alters the landscape...more

Dinsmore & Shohl LLP

SCOTUS Just Made it Easier for Employees to Bring “Reverse Discrimination” Lawsuits

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On June 5, 2025, the United States Supreme Court unanimously rejected the Sixth Circuit’s rule, which required plaintiffs of a majority group to satisfy an additional burden as part of establishing a prima facie case of Title...more

Holland & Hart LLP

Fairness Isn't Optional: Lessons from Google's $50M Bias Case and SCOTUS on Title VII

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In May 2025, Google agreed to pay $50 million to settle a high-profile class action brought by Black and multiracial employees who alleged systemic racial discrimination in hiring, leveling, and promotion. That same month,...more

McDermott Will & Emery

SCOTUS Clarifies Standard for Evaluating “Reverse” Discrimination

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On June 5, 2025, the Supreme Court of the United States resolved the split among federal circuits and held that the same standard used to evaluate claims under Title VII of the Civil Rights Act of 1964 applies to all...more

Seyfarth Shaw LLP

CHNV Parole Update: SCOTUS Grants Stay, Terminations May Proceed — But Implementation Unclear

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In a 7–2 decision issued by the U.S. Supreme Court on May 30th (with Justices Jackson and Sotomayor dissenting), the Court granted the federal government’s request to stay the district court’s injunction that had blocked the...more

Haynsworth Sinkler Boyd, P.A.

Supreme Court Affirms Uniform Legal Standard for All Discrimination Claims

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The United States Supreme Court issued a unanimous opinion in Ames v. Ohio Department of Youth Services, rejecting a heightened burden for plaintiffs in “majority-groups” to meet their evidentiary burden in discrimination...more

Amundsen Davis LLC

Breaking News: U.S. Supreme Court Makes It Easier for Employees to Prove “Reverse Discrimination”

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Hune 5th, the U.S. Supreme Court clarified in the case of Ames v. Ohio Dept. of Youth Services, that “the standard for proving disparate treatment under Title VII does not vary based on whether or not the plaintiff is a...more

Fisher Phillips

Supreme Court Backs Trump’s Plan to Terminate Work Authorizations for Over 500,000 Foreign Nationals: 5 Steps for CHNV Parole...

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The Supreme Court on Friday cleared the way for the Trump administration to terminate the humanitarian parole program giving approximately 532,000 nationals from Cuba, Haiti, Nicaragua, and Venezuela the right to hold work...more

Constangy, Brooks, Smith & Prophete, LLP

Out again: Supreme Court pauses reinstatement of ex-NLRB Member Wilcox, one other former official

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The U.S. Supreme Court on May 22 stayed the reinstatement of Gwynne Wilcox, a former member of the National Labor Relations Board, and Cathy Harris, a former member of the Merit Systems Protection Board. Both women were...more

FordHarrison

Supreme Court Keeps Wilcox on the Sidelines – NLRB remains Without a Quorum

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On May 22, 2025, the Supreme Court granted President Trump’s emergency application to stay the D.C. Circuit Court order that reinstated National Labor Relations Board (NLRB) Member Wilcox. In the 6-3 decision, the Supreme...more

Ballard Spahr LLP

Supreme Court temporarily allows independent labor board firings; impact on FTC, NCUA ousters is unclear

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In a move that could have ramifications for lawsuits filed by former FTC and NCUA board members, by a vote of 6-3 the Supreme Court has issued a stay that prohibits the Democratic members of the National Labor Relations Board...more

Seyfarth Shaw LLP

SCOTUS Unravels 2023 TPS for Venezuela: Employers Await USCIS Guidance

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In a pivotal immigration development, the U.S. Supreme Court (SCOTUS) has effectively granted the Department of Homeland Security (DHS) permission to proceed with the termination of the 2023 Temporary Protected Status (TPS)...more

Fisher Phillips

SCOTUS Once Again Upholds Firing of NLRB Democrat Member Wilcox, But Battle Will Continue: What Should Employers Do?

Fisher Phillips on

The Supreme Court late Thursday permitted the Trump administration to bar former Democrat NLRB Member Gwynn Wilcox from her former position on the Board while the larger battle plays out about whether the President has the...more

Stevens & Lee

Has Humphrey’s Executor Been Effectively Overruled on the Supreme Court’s Emergency Docket with Impact on the FTC?

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The Supreme Court last week granted the stay requested by the Government enjoining the enforcement of the U.S. District Court for the District of Columbia’s orders involving President Trump’s firing of members of the National...more

Morrison & Foerster LLP

Ousted CPSC Democrats Fight Back Against President Trump

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The three Democratic commissioners of the Consumer Product Safety Commission (CPSC) who President Trump fired two weeks ago will not go down without a fight. Earlier this week they sued the president, arguing his unilateral...more

Proskauer - Labor Relations Update

NLRB Stalemate Continues: Supreme Court Keeps Wilcox Sidelined For Now

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On May 22, 2025, the U.S. Supreme Court issued a decision granting President Trump’s emergency application to stay D.C. Circuit Court orders that reinstated National Labor Relations Board (“NLRB” or the “Board”) member Gwynne...more

Littler

Policy Week in Review – May 2025 #3

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Supreme Court Allows Trump Firing of NLRB Member Wilcox - Late Thursday, the Supreme Court issued an order that essentially extends a previous order issued by Chief Justice John Roberts in April that barred National Labor...more

Cranfill Sumner LLP

U.S. Supreme Court Authorizes Immediate Changes at Independent Federal Agencies

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Individuals and businesses regulated by independent federal agencies may find immediate changes in agency leadership following a May 22, 2025, ruling by the United States Supreme Court....more

Keating Muething & Klekamp PLL

PIP This: The Expansion of Actionable Adverse Employment Decisions in the Wake of Muldrow v. City of St. Louis

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Over the course of the last year, employers have faced increased claims from employees testing what constitutes an actionable adverse action under the anti-discrimination provision of Title VII of the Civil Rights Act of 1964...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Losing My Religion? 8th Circuit Finds that Freedom of Religion is Not a Justification for Employee Conduct

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The past few decades have seen a Supreme Court receptive to claims brought on the basis of freedom of religion. For example, in Burwell v. Hobby Lobby Stores, Inc. (June 2014), the Supreme Court ruled that the Affordable Care...more

Epstein Becker & Green

#WorkforceWednesday®: Can the President Fire NLRB Members Without Cause? SCOTUS May Decide - Employment Law This Week®

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This week, we’re examining the potential shake-up in presidential power over independent federal agencies and what a review of a 90-year-old precedent by the Supreme Court of the United States (SCOTUS) could mean for...more

FordHarrison

Supreme Court Temporarily Stays Reinstatement of NLRB Member Wilcox

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National Labor Relations Board (NLRB) Member Gwynne A. Wilcox is out of a job, again, for the third time in less than four months....more

Orrick, Herrington & Sutcliffe LLP

U.S. Supreme Court stops district court’s order to reinstate workers

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On April 8, the U.S. Supreme Court stayed a preliminary injunction issued by the U.S. District Court for the Northern District of California on reinstating federal workers. The case arose from a lawsuit in which the...more

Ballard Spahr LLP

Chief Justice temporarily allows Trump Administration to fire members of independent agencies

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Chief Justice John Roberts has issued a temporary stay of a decision by the U.S. Court of Appeals for the District of Columbia that barred the Trump Administration from firing members of two independent agency boards....more

Sheppard Mullin Richter & Hampton LLP

Chief Justice Roberts Allows Trump to Remove Wilcox from NLRB as the Supreme Court Considers the Challenge to Her Dismissal

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National Labor Relations Board (“NLRB”) Member Gwynne Wilcox is out of a job for the third time in less than four months. Since President Donald Trump terminated Wilcox from her position on January 28, 2025, Wilcox’s...more

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