News & Analysis as of

Supreme Court of the United States Protected Class Civil Rights Act

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Maynard Nexsen

SCOTUS to Review the “Background Circumstances” Heightened Pleading Standard in Reverse Discrimination Cases

Maynard Nexsen on

On October 4, 2024, the Supreme Court of the United States granted a writ of certiorari,[1] agreeing to hear arguments in Ames v. Ohio Department of Youth Services, a Sixth Circuit case that seeks to determine whether the...more

Butler Snow LLP

Trump and DEI: What Does a Second Term Mean for Employers?

Butler Snow LLP on

In the flurry of executive orders issued shortly after being sworn for a second term, President Donald Trump issued two executive orders and one presidential action dismantling all diversity, equity, and inclusion (DEI)...more

Smith Anderson

Supreme Court Lowers The Bar For Title VII Claims

Smith Anderson on

On April 17, 2024, in Muldrow v. City of St. Louis, the Supreme Court resolved a split among the federal circuit courts over whether an employee challenging a job transfer under Title VII must meet a heightened threshold of...more

Benesch

Supreme Court Lowers Plaintiffs’ Burden for Title VII Discriminatory Transfer Claims

Benesch on

On April 17, 2024, the U.S. Supreme Court unanimously lowered the burden applicable to discriminatory transfer claims brought under Title VII. According to the Court, a showing of some harm—rather than significant or some...more

BakerHostetler

SCOTUS Holds that Job Transferees Need Only Show ‘Some Harm’ Under Title VII

BakerHostetler on

SCOTUS announces ‘some harm’ standard for Title VII claims based on a mandatory job transfer. The Supreme Court in Muldrow v. City of St. Louis, Missouri, et al., 601 U.S. ____ (April 17, 2024), held that where an...more

Rivkin Radler LLP

Federal Court Blocks HHS Rule on Sexual Orientation

Rivkin Radler LLP on

The U.S. District Court for the Eastern District of New York has blocked the U.S. Department of Health and Human Services (HHS) from enforcing a new rule that limited sex discrimination in healthcare to discrimination based...more

Fisher Phillips

The Top 5 (Non-COVID-19) Developments In Dealership Employment Law

Fisher Phillips on

You have probably seen a lot of coronavirus news alerts lately, but as a car dealer, you already know that germs are not the only things that can cause headaches. Virus or no virus, the law is still going to change and...more

Rumberger | Kirk

The Circuit Court Showdown: Will SCOTUS Say Yay or Nay Under Title VII to LGBT Workplace Discrimination?

Rumberger | Kirk on

Employers have long known that gender stereotyping is not allowed under Title VII of the Civil Rights Act’s prohibition on discrimination because of sex. However, there has been some confusion over whether this prohibition...more

Akerman LLP - HR Defense

What’s in a Pronoun? Liability for Employers

Political correctness in the workplace has become increasingly complex. Employers who have referred to transitioning employees with the wrong pronoun have found themselves in the crosshairs of the EEOC. But what about those...more

Carlton Fields

U.S. Supreme Court Allows Disparate-Impact Claims Under Fair Housing Act

Carlton Fields on

In a recent holding, the U.S. Supreme Court determined that discrimination claims under the Fair Housing Act (FHA) may be premised on "disparate impact," meaning that a plaintiff may challenge a practice even if it was not...more

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