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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)

Baker McKenzie’s Mike Leggieri and Robin Samuel were recently interviewed on how best to avoid class arbitration in light of the US Supreme Court April 2019 Lamps Plus, Inc. v. Varela decision.

In Lamps Plus, the Supreme Court held that when an arbitration agreement is ambiguous on the availability of class arbitration, courts…

Until death do you rule, and not a single day after.

In Rizo v. Yovino, the U.S. Supreme Court vacated a ruling interpreting the Equal Pay Act by the U.S. Ninth Circuit Court of Appeals because the Ninth Circuit improperly counted the vote of Judge Stephen Reinhardt, who died 11 days before the ruling was announced.Continue Reading From Here (But Not) To Eternity – Supreme Court Vacates Ninth Circuit Equal Pay Decision Issued By Deceased Judge