Depending on your perspective, the Supreme Court’s decision yesterday in Epic Systems Corp. v. Lewis provided much-needed certainty to employers or dealt a serious blow to employees. The vote was 5 to 4, and the Court’s newest justice, Neil Gorsuch, authored majority decision joined by the so-called conservative justices. That
On February 21, 2018, the Supreme Court of the United States narrowed the universe of whistleblowers who are protected by the powerful anti-retaliation provisions within the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank).
Since the advent of modern class action litigation in the 1960s, companies have struggled to stem the tide of these time-consuming and expensive lawsuits. Consider the following strategy. After learning that a plaintiff has filed a putative class action against it, the company offers to fully and completely compensate the named plaintiff for its injuries,
In Green v. Brennan, the Supreme Court will decide an important procedural question involving the issue of “constructive discharge”—what is the trigger that starts the clock for filing a claim? Is it the employer’s last discriminatory act or the date of the employee’s resignation? The Justices heard argument on November 30th, and a decision is
United Parcel Service, with its familiar fleet of brown trucks, once asked rhetorically “What Can Brown Do for You?”. Thanks to a recent decision of the United States Supreme Court, UPS now has its answer. The Court’s decision held that UPS and other employers must provide reasonable accommodations to pregnant employees where denying such
On June 26, 2015, the Supreme Court held in Obergefell, et al. v. Hodges, et al., that the due process and equal protection clauses of the United States Constitution guarantee the right of same-sex couples to marry. The 5-4 decision authored by Justice Anthony Kennedy directs that all states must issue marriage licenses to
Photo Credit: Mordy Steinfeld CC In a decisive 8-1 ruling, the U.S. Supreme Court sided yesterday with the EEOC in the religious discrimination case of Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc., No. 14-86, Supreme Court of the United States (June 1, 2015). In a Nutshell Justice Antonin Scalia, writing
