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Supreme Court of the United States › Reasonable Accommodation › Appeals

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 -
Constangy, Brooks, Smith & Prophete, LLP

A sneak peek at what a religious accommodation trial might look like for a guy who can't work Sundays

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After the case went all the way to the U.S. Supreme Court, on January 30 a federal district court denied dueling motions for summary judgment filed by Postmaster General Louis DeJoy, the U.S. Postal Service, and former Postal...more

Parker Poe Adams & Bernstein LLP

Second Circuit Rejects Religious Discrimination Claim Based on COVID-19 Vaccination Mandate

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In last term’s decision in Groff v. DeJoy, the U.S. Supreme Court significantly increased employers’ obligation to consider religious exemption requests under Title VII. Rather than the previous de minimus burden standard,...more

Mintz

U.S. Supreme Court Grants Cert in ADA “Tester” Case

Mintz on

In late March, the United States Supreme Court granted certiorari involving a case that could have a nationwide impact on lawsuits brought under Title III of the Americans with Disabilities Act (“ADA”). The case, titled...more

Littler

Littler Lightbulb – December Employment Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month....more

Rumberger | Kirk

First Amendment Wheel Doesn’t Stop Spinning: What Risk Managers Need to Know for the New School Year

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As the school year begins, a heightened focus has been placed on schools both nationally and at the local level. Schools are becoming the battlefield where some of the most high-profile cultural clashes occur, which means...more

Snell & Wilmer

U.S. Supreme Court To Review Vaccine Mandates

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Following the U.S. Sixth Circuit Court of Appeals three-judge panel handing down a split decision reinstating the OSHA Emergency Temporary Standard (“ETS”) vaccination mandate, numerous emergency applications were filed with...more

Brooks Pierce

Mandatory Vaccination or Testing Is Back: Updates on OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard for...

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On Dec. 17, 2021, the Sixth Circuit Court of Appeals lifted a stay on the Occupational Safety and Health Administration’s (OSHA) Vaccination and Testing Emergency Temporary Standard (ETS) for employers with 100 or more...more

Downs Rachlin Martin PLLC

Labor & Employment Law: Vermont and Federal Legislative Update

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Downs Rachlin Martin labor and employment attorneys Amy Resnick and Andrea Wright highlight key Vermont and Federal legislative updates from 2020 that impact HR professionals. They walk through: Vermont minimum wage...more

Payne & Fears

Key California Employment Law Cases: June 2019

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This month's key California employment law cases involve EEOC charges, disability discrimination, and meal breaks....more

Pullman & Comley - Labor, Employment and...

Employers: Don't Overlook Your Title VII Defenses!

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Last month the U.S. Supreme Court simultaneously resolved a long-running dispute about procedure under Title VII and sent a message to employers that it is important to pay attention and act promptly when faced with a Title...more

Cranfill Sumner LLP

Invalidating Long-Standing Fourth Circuit Precedent, U.S. Supreme Court Holds that Title VII’s Charge Filing Requirement is...

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Before initiating a lawsuit under Title VII, a complainant must first file a charge of discrimination with the U.S. Equal Employment Opportunity Commission (EEOC) within 180 days of the alleged act of discrimination....more

Jones Day

SCOTUS: Filing Requirement is Not Jurisdictional

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The Situation: The U.S. Supreme Court unanimously held that filing a charge of discrimination with the Equal Employment Opportunity Commission ("EEOC") is not a jurisdictional prerequisite to bringing a Title VII lawsuit. The...more

Orrick - Employment Law and Litigation

Use It or Lose It: SCOTUS holds that EEOC Charge-Filing Requirement Is Forfeited If Not Timely Asserted

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On June 3, 2019, the United States Supreme Court issued its decision in Fort Bend County, Texas v. Davis, resolving a circuit split regarding whether Title VII’s charge-filing requirement with the Equal Employment Opportunity...more

Bracewell LLP

Timely Use It, or Lose It: Recent Supreme Court Case Provides Reminders for Employers, but Employees Still Need to File a Charge...

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In Fort Bend County, Texas v. Davis (U.S. June 3, 2019), the U.S. Supreme Court (Court) held that the charge-filing requirement under Title VII of the Civil Rights Act of 1964 (Title VII) is not jurisdictional. The case...more

Spilman Thomas & Battle, PLLC

Waiver Warning: SCOTUS Determines Title VII Failure to Exhaust Defense Can be Waived

Spilman Thomas & Battle, PLLC on

A recent decision from the Supreme Court of the United States - Fort Bend County v. Davis - has sparked conversations about whether a current or former employee must file a complaint with the EEOC before suing an employer for...more

Parker Poe Adams & Bernstein LLP

U.S. Supreme Court Says Plaintiff Can Sue For Discrimination Without Filing EEOC Charge

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On June 3, the U.S. Supreme Court unanimously resolved a split among federal appellate courts dealing with the question of whether Title VII’s requirement that plaintiffs file an administrative charge with the Equal...more

PilieroMazza PLLC

Use It Or Lose It: U.S. Supreme Court Holds Employers Who Wait Too Long to Raise EEOC Claim Objection to Title VII Discrimination...

PilieroMazza PLLC on

Recently, in Fort Bend County, Texas v. Davis, the U.S. Supreme Court was faced with a jurisdictional question: If a plaintiff fails to exhaust her remedies by first filing an Equal Employment Opportunity Commission (“EEOC”)...more

Womble Bond Dickinson

Raise Title VII Defense Early On or Risk Waiver, Supreme Court Rules

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The U.S. Supreme Court recently clarified that the requirement that a plaintiff exhaust his/her administrative remedies before filing a discrimination claim under Title VII of the Civil Rights Act is a mandatory...more

Mintz - Employment Viewpoints

The Bubbler - June 2019

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Welcome to June! As we head into the summer, the employment law world continues to heat up! We have rounded up the most recent developments impacting employers for your summer reading pleasure here....more

Seyfarth Shaw LLP

Use It or Lose It: Supreme Court Rules that Failure to Exhaust Defense Must be Prompt

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Seyfarth Synopsis: New decision from the Supreme Court ruled that Title VII’s requirement that plaintiffs file with the EEOC or other state agencies is a non-jurisdictional claim-processing rule, which means it can be...more

Kramer Levin Naftalis & Frankel LLP

Supreme Court Holds That in Title VII Suits, Employers Must Raise Failure to Exhaust Administrative Remedies in a Timely Manner or...

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The Supreme Court held in Fort Bend County v. Davis that the charge-filing precondition to suit of Title VII of the Civil Rights Act of 1964 is a mandatory claim-processing rule subject to waiver, not a jurisdictional bar to...more

Maynard Nexsen

Charge of Discrimination is Not Jurisdictional: U.S. Supreme Court Makes Dismissal of Discrimination Claims More Difficult for...

Maynard Nexsen on

On June 3, 2019, the U.S. Supreme Court unanimously ruled that the requirement under Title VII of the Civil Rights Act for employees to file an administrative charge of discrimination with the Equal Employment Opportunity...more

Jackson Walker

Supreme Court Holds Title VII's Charge-Filing Requirement Is a Mandatory Claim-Processing Rule Subject to Forfeiture

Jackson Walker on

Title VII of the Civil Rights Act of 1964 provides a claim for discrimination in employment on the basis of race, color, national origin, sex, religion, and retaliation, but it requires that a plaintiff file a charge of...more

Holland & Knight LLP

Supreme Court Warns Employers Not To Delay Asserting Defenses In Employment Discrimination Cases

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The U.S. Supreme Court ruled unanimously on June 3, 2019, in Fort Bend County, Texas v. Davis, that federal courts may hear plaintiffs' claims of discrimination brought under Title VII, even if those claims were not brought...more

Morgan Lewis

Supreme Court: Title VII’s Charge-Filing Requirement Is Not Jurisdictional

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Title VII’s charge-filing requirement is nonjurisdictional and is subject to forfeiture rules, the US Supreme Court ruled unanimously on June 3. The decision does not eliminate the rule that employees must first file charges...more

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