The U.S. Supreme Court agreed to hear a case that will impact how employers across the country respond to their employees’ requests for religious accommodation. Depending on how the Court rules, it may become much more difficult for companies to comply with or deny religious accommodations under Title VII of the Civil Rights Act of 1964.
Continue Reading SCOTUS to Hear Significant Religious Accommodations Case
As we previously reported, the U.S. Supreme Court was poised to resolve a circuit court split in Robyn Morgan v. Sundance, Inc. (No. 21-328), regarding whether a party must prove that it was prejudiced when arguing that the other party waived its right to arbitration by failing to compel arbitration at the outset of litigation.
Continue Reading U.S. Supreme Court Holds Prejudice Is Not Relevant to Arbitration Waiver Inquiry
The Supreme Court has granted a temporary stay of the OSHA Emergency Temporary Standard (ETS), otherwise known as the OSHA vaccine mandate. The Court ruled that OSHA had exceeded the authority delegated to it by Congress under the Occupational Safety and Health Act. In making this finding, the Court held that OSHA only has the authority to issue workplace safety standards, not broad health measures. The concurring opinion focused upon the “major questions doctrine,” which requires Congress to speak clearly when delegating authority of “vast economic and political significance” to an administrative agency.
Continue Reading Supreme Court Weighs In On Vaccination Mandate
The US Supreme Court’s recent decision in Cedar Point Nursery et al. v. Hassid et al., No. 20-107 (June 23, 2021), a case pitting agricultural employee rights to freedom of association and self-organization under California law, against employer private property rights of California agricultural employers, marks a clear victory for property rights.
Continue Reading The Cedar Point Decision: A Victory for Employer Property Rights
In a 6-3 decision, the U.S. Supreme Court ruled today that Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on an employee’s sexual orientation and/or transgendered status.
Continue Reading BREAKING: The U.S. Supreme Court Holds That Title VII Protects LGBTQ Employees
In late January 2019, the Seventh Circuit Court of Appeals ruled that the Age Discrimination in Employment Act (“ADEA”) does not allow outside job applicants to bring disparate impact claims. The plaintiff in the case, Dale Kleber, an attorney, is now asking the Supreme Court to review that decision.
Continue Reading Attorney Asks Supreme Court to Review Seventh Circuit’s Interpretation of Disparate Impact Claims Under the ADEA
In a unanimous 9-0 decision authored by Justice Ginsburg, the U.S. Supreme Court resolved a split amongst the circuit courts of whether filing a charge of discrimination pursuant to Title VII is a jurisdictional prerequisite or a claims-processing rule.
Continue Reading SCOTUS Unanimously Holds That Charge Filing Requirement in Title VII is Procedural, Not Jurisdictional
In a 5-4 decision, the U.S. Supreme Court slammed the door shut on class arbitration unless specifically authorized by the parties.
Continue Reading Supreme Court Holds That Agreements to Class Arbitration Must Be Explicit
After languishing on the docket for almost a year, the United States Supreme Court agreed today to hear three cases concerning the scope of Title VII’s protections for LGBT employees.
Continue Reading Supreme Court To Decide Whether Title VII Protects Sexual Orientation and Gender Identity
This morning, the U.S. Supreme Court punted a key Equal Pay Act case back to the Ninth Circuit because the decision’s author, Judge Stephen Reinhardt, passed away shortly before the decision was formally issued.
Continue Reading Supreme Court Vacates Deceased Judge’s Key EPA Decision