News & Analysis as of

Race Discrimination UT Southwestern Medical v Nassar

Parker Poe Adams & Bernstein LLP

U.S. Supreme Court Says Section 1981 Claims Require ‘But For' Causation

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

Baker Donelson

Supreme Court Sets Stage for Game-Changing 2019 Term for Employers

Baker Donelson on

Between gerrymandering and the 'citizenship' question, the Supreme Court concluded its 2018 term with a bang. The Court is primed for further fireworks in its 2019 term. For employers, this includes whether Title VII...more

Fisher Phillips

Labor Letter, September 2013: Employers Go "Two For Two" – Three Times Over: A Review Of The 2012-13 Supreme Court Term

Fisher Phillips on

Looking back at the recently-completed 2012-2013 Supreme Court term, employers should have reason to feel good about how things turned out. In fact, of the six major decisions that impact employers and can be categorized in...more

Fisher Phillips

Labor Letter, September 2013: Supreme Court Tightens Standard In Retaliation Cases

Fisher Phillips on

As the U.S. Supreme Court ended its most recent term with a number of cases that will have broad societal implications, one employment law case decided by the Court seems to have taken somewhat of a back seat, despite the...more

Dechert LLP

International Employment Law Review: August 2013 - Issue 4: Recent Employment Law Developments in the United States

Dechert LLP on

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

Foley Hoag LLP

Supreme Court Makes it Harder for Employees to Bring Suits Under Title VII

Foley Hoag LLP on

The Potential Implications for Educational Institutions - Last month, at the close of its October 2012 term, the Supreme Court issued two important rulings in Title VII employment discrimination cases that make it...more

Wilson Sonsini Goodrich & Rosati

U.S. Supreme Court Issues Three Decisions Favorable to Employers

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

Nexsen Pruet, PLLC

Two Supreme Court Rulings Improve Employer's Ability to Defend Against Harassment, Retaliation Claims

Nexsen Pruet, PLLC on

On June 24, 2013, the U.S. Supreme Court handed down two critical decisions regarding Title VII of the Civil Rights Act, which improve an employer’s ability to defend against employee claims of harassment and retaliation. ...more

Cole Schotz

United States Supreme Court Issues Two Employer-Friendly Decisions With Far-Reaching Impact in Employee Harassment Cases

Cole Schotz on

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

King & Spalding

Supreme Court Victory for Employers Facing Title VII Retaliation Claims

King & Spalding on

On June 24, 2013, the Supreme Court held in University of Texas Southwestern Medical Center v. Nassar, that the burden of proof for plaintiffs arguing retaliation in violation of Title VII is “but-for” causation, rather than...more

Proskauer Rose LLP

California Employment Law Notes - July 2013

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Employee Must Prove That Illegal Retaliation Was The "But For" Cause Of Adverse Job Action Under Title VII - University of Tex. S.W. Med. Ctr. v. Nassar, 570 U.S. ___, 2013 WL 3155234 (2013) - The United States...more

Stoel Rives LLP

Part 2 of 2: Supreme Court Rules That "Supervisors" Under Title VII Must Have Power to Take Tangible Employment Actions

Stoel Rives LLP on

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

BakerHostetler

Employees Must Prove Retaliation Was “But-For” Cause of Employment Action

BakerHostetler on

Employers are well aware that poorly performing employees may lodge baseless retaliation claims as a smokescreen to interfere with legitimate discipline....more

Laner Muchin, Ltd.

Supreme Court Makes Defending Title VII Cases Easier For Employers; Decides To Review Noel Canning, Will Rule On NLRB Recess...

Laner Muchin, Ltd. on

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

Sherman & Howard L.L.C.

Supreme Court Applies “But-For” Standard To Title VII Retaliation Claims

Also on June 24, 2013, the Supreme Court addressed the standard courts should apply to determine whether an employer violates Title VII's anti-retaliation provision. Because of a statutory amendment in 1991, courts apply a...more

Troutman Pepper

For Employers, Nassar Ruling Should Ease Validations Of Employment Actions And Early Disposal Of Frivolous Lawsuits

Troutman Pepper on

The Supreme Court of the United States recently adopted a strict causation standard that will make it more difficult for employees seeking to prove retaliation in violation of Title VII of the Civil Rights Act of 1964....more

McAfee & Taft

Supreme Court rulings favor employers in retaliation, discrimination cases

McAfee & Taft on

Recently, the U.S. Supreme Court issued two decisions that will make it more difficult for employees to pursue various employment claims under Title VII of the Civil Rights Act of 1964....more

Stoel Rives LLP

Part 1 of 2: The U.S. Supreme Court Issues Two Employer-Friendly Opinions On Title VII In Vance v. Ball State Univ. and Univ. of...

Stoel Rives LLP on

On one day recently, the U.S. Supreme Court issued employer-friendly opinions in two separate and long-awaited cases interpreting Title VII of the Civil Rights Act of 1964 (known simply as “Title VII”), the primary federal...more

Manatt, Phelps & Phillips, LLP

Employment Law -- Jul 03, 2013

Excerpt from Supreme Court Sides With Employers in Title VII Suits - Capping off a term of big decisions with employer-friendly results, the U.S. Supreme Court weighed in on two major employment issues in a pair of...more

Stinson LLP

Employment And Labor Insight: Employers Win Big Before The U.S. Supreme Court

Stinson LLP on

As the United States Supreme Court wraps up its term, employers should take note of three decisions issued this past Monday, June 24....more

Orrick - Employment Law and Litigation

U.S. Supreme Court Rejects the Mixed-Motive Analysis in Retaliation Claims

The U.S. Supreme Court held on Monday that a plaintiff alleging retaliation under Title VII of the Civil Rights Act of 1964 (“Title VII”) must prove that retaliation was the “but-for” reason for an adverse employment...more

Pierce Atwood LLP

Employers Prevail In Two U.S. Supreme Court Decisions

Pierce Atwood LLP on

The U.S. Supreme Court issued two closely watched decisions Monday affecting Title VII cases....more

FordHarrison

Legal Alert: Supreme Court Sets Heightened Standard For Proving Retaliation Claims

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On June 24, 2013, the United States Supreme Court heightened the burden of proof for employees bringing retaliation claims under Title VII by holding that employees have to prove that the employer's desire to retaliate was...more

Proskauer - Government Contractor Compliance...

Supreme Court Issues Important Affirmative Action And Employment Law Decisions

This week the Supreme Court issued three decisions that may significantly impact federal contractors and other employers: In Fisher v. University of Texas, No. 11-345 (U.S. June 24, 2013), the Supreme Court held that a...more

BakerHostetler

U.S. Supreme Court Declines to Loosen Causation Standards for Employee Retaliation Claims in University of Texas Southwestern...

BakerHostetler on

On June 24, 2013, the Supreme Court rejected a lower standard of proof for employee retaliation claims under Title VII, finding that a lower causation standard could tempt poorly performing employees to file frivolous claims...more

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