News & Analysis as of September 20, 2024

Retaliation

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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 -

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

Fisher Phillips on 7/18/2024

The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more

The man who said "no" to DEI training, and four lessons for employers

Constangy, Brooks, Smith & Prophete, LLP on 7/12/2024

Employer's DEI mandate scores a win. A white guy refused to take his employer's mandatory "unconscious bias" training, and he was fired. He sued the employer for retaliation, his lawsuit was dismissed, and this week an...more

Employment Litigation Roundup - May 2024

Seward & Kissel LLP on 6/4/2024

May 2024 NJ Supreme Court holds that non-disparagement provisions cannot prohibit disclosure of details relating to claims of discrimination, retaliation, or harassment - The New Jersey Supreme Court unanimously held that...more

Get with the Pronoun: Eleventh Circuit Rules Pervasive Misgendering Is Harassment

Bradley Arant Boult Cummings LLP on 5/9/2024

If an employer or coworker persistently uses a transgender worker’s wrong name or identified pronoun, can that constitute a hostile work environment in violation of Title VII? In Copeland v. Georgia Department of Corrections,...more

Broadway Ruling Puts Discrimination Claims In The Limelight

Proskauer Rose LLP on 4/11/2024

Does the First Amendment right to free speech permit an employer to hire or fire an employee based on race? On its face, the proposition may seem absurd, especially as we approach the 60th anniversary of the Civil Rights Act...more

Supreme Court Shifts Whistleblower Protection Landscape

Dechert LLP on 2/29/2024

The U.S. Supreme Court on February 8, 2024, held in a unanimous decision that whistleblowers do not need to show retaliatory intent in order to establish protection under the Sarbanes-Oxley Act of 2002 (“SOX”), 18 U.S.C....more

SCOTUS Makes It Harder for Employers to Defend Against Federal Whistleblower Claims

Davis Wright Tremaine LLP on 2/15/2024

The Supreme Court recently issued a unanimous pro-employee ruling that makes it harder for employers to defend whistleblower claims. In Murray v. UBS Securities, LLC, the Court rejected the argument that an employer must have...more

Eleventh Circuit Deepens Circuit Split Over Causation Standard for FMLA Retaliation Claims

Proskauer - Law and the Workplace on 12/26/2023

On December 13, 2023, an Eleventh Circuit panel firmly established “but-for” causation as the Circuit’s causation standard for Family and Medical Leave Act (FMLA) retaliation claims. Courts across the nation have adopted...more

Justices Mull Fundamental Element of Proof in Title VII Case During Oral Argument In Muldrow v. City of St. Louis

Seyfarth Shaw LLP on 12/21/2023

Seyfarth Synopsis: One of the most anticipated employment cases of the term was recently argued before the United States Supreme Court. In Muldrow v. City of St. Louis the Court requested the parties address the issue:...more

The Supreme Court Cases Employers Should Be Keeping an Eye on in the New Term

Venable LLP on 11/28/2023

Earlier this year, we wrote about some of the major cases and legal developments for employers to watch in 2023. With the start of the U.S. Supreme Court's new term last month, we are back to provide insight into the next...more

4 Supreme Court Cases Employers Should Be Tracking as New Term Kicks Off

Fisher Phillips on 10/9/2023

The Supreme Court just began a new term, and we’re watching several cases that will likely have a big impact on the workplace. Specifically, the Court will weigh in on whether someone can “test” violations of federal...more

Seventh Circuit Takes On Religious Discrimination

Manatt, Phelps & Phillips, LLP on 5/24/2023

The Seventh U.S. Circuit Court of Appeals recently affirmed summary judgment in favor of an employer in a religious discrimination case involving a teacher who refused to call transgender students by their chosen names....more

EEOC Sues Applebee’s Franchisee for Sexual Orientation and Race Discrimination, Retaliation and Constructive Discharge

U.S. Equal Employment Opportunity Commission... on 8/13/2021

Employer Permitted Racist and Homophobic Slurs, and Cut Hours of Employee Who Complained, Federal Agency Charges - TAMPA, Fla. – Neighborhood Restaurant Partners Florida, LLC, doing business as Applebee’s, violated federal...more

Multiple Avenues Exist for Proving Same-Sex Harassment Claims

Smith Debnam Narron Drake Saintsing & Myers,... on 7/15/2021

The Fourth Circuit Court of Appeals, which presides over federal district courts in North Carolina, South Carolina, and Virginia, recently joined several other circuit courts in determining that plaintiffs who allege same-sex...more

EEOC Argues For Broader Causation Standard And Provides A Peek Into The EEOC’s Future Focus

Jackson Lewis P.C. on 2/26/2021

Legal precedent, including language from the U.S. Supreme Court, requires federal courts to take a broad view of the “but-for” causation standard for determining unlawful age discrimination in the workplace, Equal Employment...more

U.S. Supreme Court Denies Petition Seeking To Scrap McDonnell Douglas Burden-Shifting Analysis

Jackson Lewis P.C. on 2/23/2021

Arguing the decades-old analysis is no longer helpful to anyone, Reginald Sprowl petitioned the U.S. Supreme Court to scrap application of the McDonnell Douglas burden-shifting analysis in Title VII race discrimination and...more

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

Parker Poe Adams & Bernstein LLP on 4/14/2020

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

Key California Employment Law Cases: June 2019

Payne & Fears on 8/29/2019

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

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

Baker Donelson on 8/1/2019

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

Employers: Don't Overlook Your Title VII Defenses!

Pullman & Comley - Labor, Employment and... on 7/26/2019

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

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

Cranfill Sumner LLP on 7/3/2019

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

Supreme Court: Title VII’s Requirements Not Jurisdictional

Manatt, Phelps & Phillips, LLP on 6/28/2019

In a unanimous decision, the U.S. Supreme Court ruled that Title VII’s charge-filing precondition to suit is not a jurisdictional requirement and is instead a procedural prescription that is subject to forfeiture, refusing to...more

SCOTUS: Filing Requirement is Not Jurisdictional

Jones Day on 6/27/2019

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

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

Orrick - Employment Law and Litigation on 6/21/2019

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

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

Bracewell LLP on 6/20/2019

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

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Supreme Court of the United States › Title VII › Retaliation

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