News & Analysis as of

Retaliation Supreme Court of the United States Appeals

Harris Beach Murtha PLLC

How Courts are Applying the “Some Harm” Standard Since Muldrow

More than a year has passed since the U.S. Supreme Court unanimously held in its April 2024 decision in Muldrow v. City of St. Louis, Missouri, 601 U.S. 346, 144 S. Ct. 967, 218 L. Ed. 2d 322 (2024) that employees need only...more

Seyfarth Shaw LLP

In the Zone: Third Circuit Expands Title IX’s “Zone of Interests”

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On May 29, 2025, the U.S. Court of Appeals for the Third Circuit held in Oldham v. Pennsylvania State Univ., No. 22-2056 (3d Cir. May 29, 2025) that Title IX may allow for claims by non-students and non-employees. In the...more

Proskauer Rose LLP

California Employment Law Notes - July 2024

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Employee Who Wanted To Donate/Freeze Her Eggs Was Not Protected By Pregnancy Statute - Paleny v. Fireplace Products U.S., Inc., 103 Cal. App. 5th 199 (2024) - Erika Paleny alleged harassment, discrimination and...more

Miller Canfield

Michigan Supreme Court Expands Liability Under Anti-Discrimination Statute; Endorses Third-Party Retaliation Theory

Miller Canfield on

“Third party” or “associational” retaliation is reprisal taken by an employer against someone other than the person who engaged in “protected conduct.” In 2011, the U.S. Supreme Court ruled that Title VII’s anti-retaliation...more

Bradley Arant Boult Cummings LLP

Get with the Pronoun: Eleventh Circuit Rules Pervasive Misgendering Is Harassment

If an employer or coworker persistently uses a transgender worker’s wrong name or identified pronoun, can that constitute a hostile work environment in violation of Title VII? In Copeland v. Georgia Department of Corrections,...more

Proskauer Rose LLP

Broadway Ruling Puts Discrimination Claims In The Limelight

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Does the First Amendment right to free speech permit an employer to hire or fire an employee based on race? On its face, the proposition may seem absurd, especially as we approach the 60th anniversary of the Civil Rights Act...more

Vinson & Elkins LLP

Supreme Court Set to Review Burden of Proving Retaliatory Intent in SOX Whistleblower Suits: Employee or Employer?

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On May 1, 2023, the United States Supreme Court agreed to hear an appeal in Murray v. UBS Securities, LLC.1 There, the United States Court of Appeals for the Second Circuit held that an employee whistleblower suing under the...more

Smith Debnam Narron Drake Saintsing & Myers,...

Multiple Avenues Exist for Proving Same-Sex Harassment Claims

The Fourth Circuit Court of Appeals, which presides over federal district courts in North Carolina, South Carolina, and Virginia, recently joined several other circuit courts in determining that plaintiffs who allege same-sex...more

Payne & Fears

Key California Employment Law Cases: June 2019

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This month's key California employment law cases involve EEOC charges, disability discrimination, and meal breaks....more

Pullman & Comley - Labor, Employment and...

Employers: Don't Overlook Your Title VII Defenses!

Last month the U.S. Supreme Court simultaneously resolved a long-running dispute about procedure under Title VII and sent a message to employers that it is important to pay attention and act promptly when faced with a Title...more

Cranfill Sumner LLP

Invalidating Long-Standing Fourth Circuit Precedent, U.S. Supreme Court Holds that Title VII’s Charge Filing Requirement is...

Cranfill Sumner LLP on

Before initiating a lawsuit under Title VII, a complainant must first file a charge of discrimination with the U.S. Equal Employment Opportunity Commission (EEOC) within 180 days of the alleged act of discrimination....more

Jones Day

SCOTUS: Filing Requirement is Not Jurisdictional

Jones Day on

The Situation: The U.S. Supreme Court unanimously held that filing a charge of discrimination with the Equal Employment Opportunity Commission ("EEOC") is not a jurisdictional prerequisite to bringing a Title VII lawsuit. The...more

Orrick - Employment Law and Litigation

Use It or Lose It: SCOTUS holds that EEOC Charge-Filing Requirement Is Forfeited If Not Timely Asserted

On June 3, 2019, the United States Supreme Court issued its decision in Fort Bend County, Texas v. Davis, resolving a circuit split regarding whether Title VII’s charge-filing requirement with the Equal Employment Opportunity...more

Bracewell LLP

Timely Use It, or Lose It: Recent Supreme Court Case Provides Reminders for Employers, but Employees Still Need to File a Charge...

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In Fort Bend County, Texas v. Davis (U.S. June 3, 2019), the U.S. Supreme Court (Court) held that the charge-filing requirement under Title VII of the Civil Rights Act of 1964 (Title VII) is not jurisdictional. The case...more

Spilman Thomas & Battle, PLLC

Waiver Warning: SCOTUS Determines Title VII Failure to Exhaust Defense Can be Waived

A recent decision from the Supreme Court of the United States - Fort Bend County v. Davis - has sparked conversations about whether a current or former employee must file a complaint with the EEOC before suing an employer for...more

Parker Poe Adams & Bernstein LLP

U.S. Supreme Court Says Plaintiff Can Sue For Discrimination Without Filing EEOC Charge

On June 3, the U.S. Supreme Court unanimously resolved a split among federal appellate courts dealing with the question of whether Title VII’s requirement that plaintiffs file an administrative charge with the Equal...more

PilieroMazza PLLC

Use It Or Lose It: U.S. Supreme Court Holds Employers Who Wait Too Long to Raise EEOC Claim Objection to Title VII Discrimination...

PilieroMazza PLLC on

Recently, in Fort Bend County, Texas v. Davis, the U.S. Supreme Court was faced with a jurisdictional question: If a plaintiff fails to exhaust her remedies by first filing an Equal Employment Opportunity Commission (“EEOC”)...more

Womble Bond Dickinson

Raise Title VII Defense Early On or Risk Waiver, Supreme Court Rules

Womble Bond Dickinson on

The U.S. Supreme Court recently clarified that the requirement that a plaintiff exhaust his/her administrative remedies before filing a discrimination claim under Title VII of the Civil Rights Act is a mandatory...more

Mintz - Employment Viewpoints

The Bubbler - June 2019

Welcome to June! As we head into the summer, the employment law world continues to heat up! We have rounded up the most recent developments impacting employers for your summer reading pleasure here....more

Seyfarth Shaw LLP

Use It or Lose It: Supreme Court Rules that Failure to Exhaust Defense Must be Prompt

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Seyfarth Synopsis: New decision from the Supreme Court ruled that Title VII’s requirement that plaintiffs file with the EEOC or other state agencies is a non-jurisdictional claim-processing rule, which means it can be...more

Herbert Smith Freehills Kramer

Supreme Court Holds That in Title VII Suits, Employers Must Raise Failure to Exhaust Administrative Remedies in a Timely Manner or...

The Supreme Court held in Fort Bend County v. Davis that the charge-filing precondition to suit of Title VII of the Civil Rights Act of 1964 is a mandatory claim-processing rule subject to waiver, not a jurisdictional bar to...more

Maynard Nexsen

Charge of Discrimination is Not Jurisdictional: U.S. Supreme Court Makes Dismissal of Discrimination Claims More Difficult for...

Maynard Nexsen on

On June 3, 2019, the U.S. Supreme Court unanimously ruled that the requirement under Title VII of the Civil Rights Act for employees to file an administrative charge of discrimination with the Equal Employment Opportunity...more

Jackson Walker

Supreme Court Holds Title VII's Charge-Filing Requirement Is a Mandatory Claim-Processing Rule Subject to Forfeiture

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Title VII of the Civil Rights Act of 1964 provides a claim for discrimination in employment on the basis of race, color, national origin, sex, religion, and retaliation, but it requires that a plaintiff file a charge of...more

Holland & Knight LLP

Supreme Court Warns Employers Not To Delay Asserting Defenses In Employment Discrimination Cases

Holland & Knight LLP on

The U.S. Supreme Court ruled unanimously on June 3, 2019, in Fort Bend County, Texas v. Davis, that federal courts may hear plaintiffs' claims of discrimination brought under Title VII, even if those claims were not brought...more

Morgan Lewis

Supreme Court: Title VII’s Charge-Filing Requirement Is Not Jurisdictional

Morgan Lewis on

Title VII’s charge-filing requirement is nonjurisdictional and is subject to forfeiture rules, the US Supreme Court ruled unanimously on June 3. The decision does not eliminate the rule that employees must first file charges...more

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