News & Analysis as of

Employer Liability Issues Supreme Court of the United States Human Resources Professionals

Steptoe & Johnson PLLC

Evaluating the Employee Evaluation Process: There’s No Time Like the Present!

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Now is a good time to re-evaluate your company’s employee evaluation process in light of the prevalence of remote work and a U.S. Supreme Court decision lowering the requirements for employees to succeed on certain...more

Conn Maciel Carey LLP

Ames v. Ohio Department of Youth Services: What the Supreme Court’s Unanimous Ruling Means for Employers and DEI Policies

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Reshaping the litigation landscape for workplace discrimination claims, last month, the U.S. Supreme Court ruled in Ames v. Ohio Dept. of Youth Servs., 145 S. Ct. 1540 (June 5, 2025), that plaintiffs bringing so-called...more

Rumberger | Kirk

From Hamilton To Muldrow: Preparing HR For Title VII Claims Beyond The Firing Table

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“The Hamilton decision highlights the need for employers to stay up to date on legal developments. In this one decision, the Fifth Circuit opened the door for claims that just one day earlier were not actionable. Reviewing...more

Sands Anderson PC

Upcoming Supreme Court Case to settle FLSA Burden of Proof for Parties

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Burdens of proof can be a mundane issue to discuss. Addressing the standard by which a fact finder decides a legal claim between opposing parties does not generate much enthusiasm with legal scholars. Nevertheless, the burden...more

PilieroMazza PLLC

Supreme Court Opens Door to Broader Spectrum of Employment Discrimination Cases

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In April 2024, the U.S. Supreme Court held that transferring an employee to a new position with the same rank and pay may constitute an adverse action under Title VII. The recent decision in Muldrow v. City of St. Louis,...more

Dentons

Promotion and Demotion – What to Watch For

Dentons on

In a recent U.S. Supreme Court case, a police sergeant alleged that she was transferred from one job to a less desirable job in the police department because of her sex....more

Cranfill Sumner LLP

Supreme Court Lowers the Bar for Employment Discrimination Claims: Only “Some Injury” Required

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On April 17, 2024, the United States Supreme Court issued its much-anticipated decision in Muldrow v. City of St. Louis (No. 22-193) and held that “some injury” is sufficient to establish a federal discrimination or...more

Miller & Martin PLLC

The Supreme Court’s “Some Harm” Definition Leaves SomeTHING to be Desired in Discrimination Cases Involving Workplace Transfers

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One of the decisions avid Supreme Court watchers (yes, aka employment law nerds) have been waiting for was Muldrow v. City of St. Louis, Missouri....more

Sands Anderson PC

Supreme Court Creates a New Employment Law Test, Leaving Employers Scratching Their Heads

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The Supreme Court has upended employment law precedent, changing the standard for how to assess an employee’s claim that he or she was transferred for discriminatory reasons....more

A&O Shearman

Supreme Court Rules Whistleblowers Need Not Prove Retaliatory Intent Under SOX

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On February 8, 2024, the Supreme Court of the United States unanimously held that whistleblower-plaintiffs need not prove that adverse employment actions were motivated by their employer’s retaliatory intent to obtain...more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

Fisher Phillips on

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

Cranfill Sumner LLP

U.S. Supreme Court Declines to Review Fourth Circuit Decision Upholding ADA Summary Judgment

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On November 6, 2023, the United States Supreme Court declined to review the Fourth Circuit’s decision affirming summary judgment for the employer in an ADA accommodation case, Hannah v. UPS, No. 21-1647 (July 10, 2023).  The...more

Poyner Spruill LLP

Impending EEOC Harassment Guidance Could Mean Policy Changes for Employers

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The United States Equal Employment Opportunity Commission (“EEOC”) released proposed guidance on September 29, 2023, that explains the legal standards imposed and outlines employer liability with respect to harassment claims...more

Hinshaw & Culbertson LLP

[Event] 27th Annual Labor & Employment Seminar - October 19th, Hoffman Estates, IL

Hinshaw invites you to the 27th Annual Labor & Employment Seminar, tailored exclusively for attorneys and human resources professionals. Whether you're a legal expert or an HR specialist, this one-day seminar will provide you...more

Clark Hill PLC

[Webinar] How Will The Supreme Court's Affirmative Action Ruling Affect Workplace DEI Programs? - September 21st, 9:00 am PT

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This webinar will examine what the Supreme Court held in its ruling on universities’ affirmative action plans, the controversy surrounding how the Supreme Court’s ruling affects employer’s diversity, equity and inclusion...more

Sands Anderson PC

What Employers Need to Know in Light of the Supreme Court’s Opinion on Affirmative Action

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In Students for Fair Admissions v. Harvard and Students for Fair Admission v. University of North Carolina, the United States Supreme Court struck down the holistic race-conscious admissions programs at Harvard and UNC as...more

Poyner Spruill LLP

De Minimis No More—US Supreme Court Raises the Standard For Denial of a Religious Accommodation in the Workplace

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In a striking break from its recent steady stream of divided opinions, last week the United States Supreme Court issued a unanimous opinion making a dramatic change in the level of hardship an employer must show to justify...more

Stoel Rives - World of Employment

Supreme Court Rules That “Substantial Burden” Is Required to Establish Undue Hardship for Religious Discrimination Claims Under...

In a unanimous opinion issued last Thursday, the U.S. Supreme Court clarified the standard that employers must use to measure the burden of an employee’s religious accommodation request.  The case is Groff v. DeJoy, No....more

Fox Rothschild LLP

Practical Advice from Employment Litigators in the Trenches

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Last week, my colleagues and I presented a webinar entitled “Employer Update: Practical Advice from Employment Litigators in the Trenches”. In this second episode of our summer webinar series, we provided practical guidance...more

Bond Schoeneck & King PLLC

How the Recent Supreme Court Ruling Impacts Employers

Bond labor and employment attorney David M. Ferrara discusses implications for employers in the wake of the recent U.S. Supreme Court decision in Dobbs v. Jackson Women’s Health Organization. By overturning Roe v. Wade, the...more

Sands Anderson PC

Law Invaliding Arbitration Agreements For Sexual Harassment Claims Passes Congress

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The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 has passed Congress and President Biden is expected to sign it into law. The Act invalidates the enforcement of pre-dispute arbitration...more

Winthrop & Weinstine, P.A.

The Supreme Court Blocks OSHA’s Mandatory Vaccine or Vaccine/Test Rule for Employers with 100+ Employees

On January 13, 2022, the United States Supreme Court (the “Court”) granted the stay of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS) requiring businesses with 100 or more...more

Brownstein Hyatt Farber Schreck

100+ Employers Are Not Required to Comply with OSHA’s ETS After Supreme Court Ruling, for Now

Yesterday, the Supreme Court released its opinion in National Federation of Independent Business v. Department of Labor and Ohio v. Department of Labor. Concluding that OSHA’s proposed emergency temporary standard (ETS) was a...more

Shumaker, Loop & Kendrick, LLP

U.S. Supreme Court Rules on OSHA and CMS Mandates

On January 13th, the Supreme Court issued a ruling on the Occupational Safety and Health Administration’s (OSHA) 100+ employee vaccine mandate. A majority of the Court found that the applicants challenging the rule were...more

Miller & Martin PLLC

Supreme Court Blocks OSHA's COVID-19 Vaccine-or-Test Standard for Private Employers

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In a 6-3 decision, the U.S. Supreme Court Thursday afternoon blocked the Emergency Temporary Standard (“ETS”) promulgated by the Occupational and Safety Health Administration (“OSHA”), portions of which had gone into effect...more

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