Supreme Court

Does “Sex” Encompass Sexual Orientation and Gender Identity? The Supremes Will Soon Decide
May 15, 2019
A more conservative Supreme Court than we’ve seen in recent history is poised to consider whether Title VII’s prohibition on discrimination based on “sex” includes sexual orientation and gender identity.
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Supreme Court Limits Use of Class Action Arbitrations
April 25, 2019
On April 24, 2019 the United States Supreme Court held that an employee cannot expand an individual claim to a class action arbitration unless both parties have explicitly agreed to that process.
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Supreme Court to Decide if Title VII Prohibits Discrimination Based On Sexual Orientation, Transgender Status, and Gender Identity
April 22, 2019
The Supreme Court announced on April 22nd that it will address whether federal civil rights laws protect gay, lesbian, and transgender employees from discrimination.
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Supreme Court Rings in the New Year with Two Arbitration Decisions
February 8, 2019
In January 2019, the Supreme Court of the United States issued two decisions affecting workplace arbitration agreements.
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Understanding The U.S. Supreme Court’s Two Recent Arbitration Decisions
January 22, 2019
On January 8, 2019, the U.S. Supreme Court issued a pro-arbitration decision in Schein v. Archer & White Sales, Inc. which provided great news for employers by strengthening arbitration agreements.
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U.S. Supreme Court Rules that ADEA Applies to All Public Employers
November 9, 2018
On November 6, 2018, the U.S. Supreme Court issued a decision in Mount Lemmon Fire District v. Guido, ruling that the Age Discrimination in Employment Act (ADEA) applies to all public employers, including those with fewer than 20 employees.
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A Review of the Supreme Court's 2017-2018 Term
July 12, 2018
The United States Supreme Court concluded its 2017-2018 term with a bang, issuing decisions in several highly publicized cases impacting labor and employment.
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Justice Kennedy's Retirement and the Potential Impact on the Future of Labor and Employment Law
July 2, 2018
Justice Anthony Kennedy recently announced his retirement from the United States Supreme Court, effective July 31, 2018.
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Supreme Court Provides Little Guidance to Employers Traversing the Juncture of Civil Rights and Freedom of Expression
June 12, 2018
Many were anxiously awaiting the Supreme Court’s ruling in Masterpiece Cakeshop, Ltd v. Colorado Civil Rights Commission. Unfortunately, the case was decided on narrow grounds and there is little to take away from the Court’s ruling for employers or anyone else.
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Supreme Court Rules in Favor of Baker Who Refused to Create Wedding Cake for a Same-Sex Marriage, but Does Not Open the Door for Discrimination Based on Religious Belief
June 5, 2018
The Court’s decision in the case, Masterpiece Cakeshop, Ltd. v. Colo. Civil Rights Comm., largely punted on the broader question of under what circumstances, if any, a business may refuse to provide services to or employ individuals based on a sincerely-held religious belief that potentially conflicts with anti-discrimination law, suggesting such questions need to be decided on a case-by-case basis.
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Supreme Court Rules for Baker in Same-Sex Wedding Cake Case
June 4, 2018
On Monday, June 4, 2018, the U.S. Supreme Court, in a 7-2 decision, held that the Colorado Civil Rights Commission violated a baker’s constitutional right to the free exercise of his religion, by exhibiting hostility towards the baker’s religious views as expressed in his refusal to make a wedding cake for a same-sex couple.
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U.S. Supreme Court Update
November 13, 2017
The new term for the U.S. Supreme Court began in October.  So far we know that the Court will revisit two labor and employment issues from 2016 and rule on a class/collective action issue that is important to employers.
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