Last week, a unanimous US Supreme Court held that an employee need only show “some harm” from a change in the terms and conditions of employment, rather than a “significant” employment disadvantage, to assert a claim for discrimination under Title VII. The decision resolves a circuit split over the showing required for discrimination claims based on changes less drastic than demotions, terminations, or pay reductions, and underscores the continued importance of taking a thoughtful approach to any change in the terms and conditions of an employee’s employment.Continue Reading Less is More: SCOTUS Shifts Title VII Threshold to “Some” Harm (Though Plaintiffs Must Still Show Discriminatory Intent)
SCOTUS
US Supreme Court Upholds Travel Ban
On June 26, the Supreme Court upheld President Trump’s controversial Executive Order 9645, commonly referred to as the Travel Ban, in a 5-4 decision.
The Travel Ban restricts entry into the United States for citizens of seven countries: North Korea, Syria, Libya, Yemen, Somalia, Iran and Venezuela. The table below describes the impact of the…
New Episode: Employment Arbitration Agreements With Class Action Waivers Are Enforceable
In our latest episode, listen to partners Arthur Rooney and Mike Brewer discuss the recent decision from the US Supreme Court regarding class action waivers in arbitration agreements.
Download this episode (and more) on iTunes | Android | Stitcher | TuneIn | Google Play.
SCOTUS Narrowly Rules In Favor Of Baker In Same-Sex Confectionery Controversy In Fact-Specific Decision
In a narrow ruling on June 4, the Supreme Court of the United States ruled in favor of a Colorado baker who refused to bake a cake for a couple celebrating a same-sex wedding on the basis of his religious opposition to same-sex marriages. (Same-sex marriages were not legal in Colorado at the time.) After the baker rebuffed the couple in 2012, they filed a charge with the Colorado Civil Rights Commission pursuant to the Colorado Anti-Discrimination Act (CADA) which prohibits discrimination based on sexual orientation in a “place of business engaged in any sales to the public and any place offering services . . . to the public.”Continue Reading SCOTUS Narrowly Rules In Favor Of Baker In Same-Sex Confectionery Controversy In Fact-Specific Decision