News & Analysis as of

Standard of Proof Supreme Court of the United States Title VII

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Expresses Skepticism Over Higher Burden in Majority Discrimination Cases

The Supreme Court of the United States recently heard oral arguments in a case to determine whether employees who are part of a majority group must meet a higher standard to prove discrimination....more

Proskauer - Law and the Workplace

SCOTUS:  No Heightened Standard of Proof Required for FLSA Exemption Defense

In E.M.D. Sales, Inc. v. Cabrera, issued on January 15, 2025, the Supreme Court held that the “preponderance of the evidence” standard—and not the more difficult-to-satisfy “clear and convincing evidence” standard—applies...more

Akerman LLP - HR Defense

U.S. Supreme Court to Review Reverse Discrimination Standard

Akerman LLP - HR Defense on

Should an employee’s burden to plead and prove workplace discrimination differ depending upon whether they are considered in a “majority” or “minority” group? The U.S. Supreme Court is now set to decide whether an arguably...more

Fisher Phillips

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

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

Fisher Phillips

Supreme Court Limits Mixed-Motive Standard

Fisher Phillips on

On June 24, 2013, in a 5-4 decision, the U.S. Supreme Court clarified that an employee alleging unlawful retaliation in violation of Title VII of the Civil Rights Act of 1964 must prove that a retaliatory motive was the...more

Pullman & Comley, LLC

Breaking: U.S. Supreme Court Holds “But For” Standard of Proof Applies; Big Implications for Retaliation Cases

Pullman & Comley, LLC on

In another big win for employers today, the Supreme Court ruled that Title VII retaliation cases must be proved by a “but for” standard of proof, not a lower standard that had been used in various courts before....more

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