News & Analysis as of August 1, 2025

Title VII

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

Fairness Isn't Optional: Lessons from Google's $50M Bias Case and SCOTUS on Title VII

Holland & Hart LLP on 6/12/2025

In May 2025, Google agreed to pay $50 million to settle a high-profile class action brought by Black and multiracial employees who alleged systemic racial discrimination in hiring, leveling, and promotion. That same month,...more

A Day of Near-Unanimity on Six Important Cases - SCOTUS Today

Epstein Becker & Green on 6/6/2025

As this term draws to a close, the U.S. Supreme Court is getting busy in reducing its inventory of pending cases. Yesterday, six of them were resolved....more

The Supreme Court Update - June 5, 2025

Dorsey & Whitney LLP on 6/6/2025

The Supreme Court of the United States issued six decisions today: Ames v. Ohio Dept. of Youth Services, No. 23-1039: This case addresses whether majority-group plaintiffs are held to a heighted evidentiary standard in...more

No Harm, No Foul? The Legacy of TransUnion Two Years Later (Part 3)

Seyfarth Shaw LLP on 1/2/2024

Seyfarth Synopsis: As reported here, for the two-year anniversary of the U.S. Supreme Court’s rulings regarding Article III standing in TransUnion LLC v. Ramirez (“TransUnion”), the Workplace Class Action blog is providing a...more

A Different Type of Transfer Portal? Supreme Court Looking at Employment Transfer Discrimination Case

Bradley Arant Boult Cummings LLP on 11/9/2023

If you transfer employees with no loss of pay or status, can they sue you under Title VII? Right now, it depends on where you live and what your local federal circuit has ruled. That could change....more

Religious Institutions Update: July 2023

Holland & Knight LLP on 7/27/2023

Supreme Court Decides Freedom of Speech Trumps Public Accommodations Law In 303 Creative LLC v. Elenis, No. 21-476 (June 30, 2023), the U.S. Supreme Court reversed 6-3 the lower courts' denial of the injunction the plaintiff...more

SCOTUS declines review of Second Circuit ruling endorsing class arbitration

Kilpatrick on 10/20/2020

Takeaway: The concept of class arbitration has endured stiff headwinds. In Lamps Plus, Inc. v. Varella, 139 S. Ct. 1407 (2019), the Supreme Court ruled that a party cannot be required to participate in a class arbitration...more

Key California Employment Law Cases: June 2020

Payne & Fears on 7/15/2020

Bostock v. Clayton County, Georgia, 140 S. Ct. 1731 (2020) - Summary: Title VII prohibits employers from discriminating against employees on the basis of sexual orientation or gender identity....more

Key California Employment Law Cases: June 2019

Payne & Fears on 8/29/2019

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

What Can Employers Expect in 2019?

FordHarrison on 1/18/2019

Despite the current U.S. government shutdown, many aspects of the federal government continue to operate, including the federal court system. This Alert highlights some of the legal, legislative and administrative...more

2018 Employment and Labor Law Update: The Year of #MeToo (Presentation)

Jackson Walker on 10/31/2018

Gary Fowler and John Jansonius presented "2018 Employment and Labor Law Update: The Year of #MeToo" at the 20th annual Labor & Employment Law Symposium on Oct. 11, 2018 at the Westin Galleria Hotel....more

New SCOTUS Term Starts With A Whimper…Will It End With A Bang?

Fisher Phillips on 10/5/2018

The Supreme Court term that wrapped up in June was one of the most exciting sessions for workplace law in recent memory, with several blockbuster decisions impacting a wide range of labor and employment law issues. From...more

I-16 – Kneeling, Indefinite Leave, DC Updates, Non-Compete Consideration, and Pretty as a Protected Class

Cozen O'Connor on 10/9/2017

This episode discusses kneeling in the NFL/workplace, indefinite leave entitlement, and sufficient consideration for non-competes, provides an update from DC on OT exemptions and class action waivers, and questions whether...more

What Employers Can Expect From The Trump Administration

Franczek P.C. on 11/15/2016

Like the rest of the country, employers and HR professionals are left wondering what Donald Trump’s unexpected election as President means for the country. The Trump campaign was often light on detailed policy proposals, but...more

How Justice Scalia's Death Could Have Profound Reverberations for Employers

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/1/2016

The sudden death of Associate Justice Antonin Scalia of the Supreme Court of the United States, who served on the Court for over 30 years, has touched off a heated political debate over the appointment and consideration of...more

Justice Scalia’s Employment Law Legacy

Orrick - Employment Law and Litigation on 2/29/2016

On February 13, 2016, Justice Antonin Scalia, the anchor of the Court’s conservative wing for nearly three decades, passed away. He leaves behind a distinguished legal career that involved experience in wide range of roles....more

Every Vote Counts: The Scalia Legacy And The Future Of Employment Class Actions Before The Supreme Court

Seyfarth Shaw LLP on 2/18/2016

As we blogged earlier this week, the death of U.S. Supreme Court Justice Antonin Scalia on February 13 has sent shockwaves throughout the halls of power in Washington, D.C. The balance within the U.S. Supreme Court between...more

Fenwick Employment Brief

Fenwick & West LLP on 10/26/2015

Legislative Update - Governor Brown recently signed into state law the following employment law bills (among others): SB 358—Referred to as the California Fair Pay Act, this law is directed at closing the pay...more

Splitting the Difference: Recent Developments in Circuit Splits Over Class Action Lawsuits

Pierce Atwood LLP on 8/13/2015

It has been a busy summer for federal appellate courts deciding class action issues. Amidst all the sound and fury, this summer's decisions so far highlight two splits among the federal circuits, while also diminishing if...more

New Developments in Protections for LGBT Workers

Kelley Drye & Warren LLP on 7/27/2015

It’s been a busy few weeks for developments in the area of LGBT rights since the Supreme Court’s decision in King v. Burwell , 576 U.S. ___ (2015)....more

That is SO last week - July 2015 #3

Zelle LLP on 7/21/2015

There’s just no rest for employment lawyers this summer. We had another exciting week. The biggest news was the EEOC’s ruling that Title VII prohibits discrimination on the basis of sexual orientation. The agency found that...more

California Employment Law Notes - July 2015

Proskauer - California Employment Law on 7/17/2015

Employee's Inability To Work For A Particular Supervisor Does Not Constitute A "Disability" - Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) - Michaelin Higgins-Williams worked as a clinical...more

Court Strikes Down Proposed Class of Female Wal-Mart Employees – Again!

Orrick - Employment Law and Litigation on 8/13/2013

After suffering defeat in the United States Supreme Court, Plaintiffs in Dukes et al. v. Wal-Mart Stores, Inc. returned to court in California in an attempt to certify a newly defined and smaller class of 150,000 current and...more

U.S. Supreme Court Issues Three Decisions Favorable to Employers

Wilson Sonsini Goodrich & Rosati on 8/2/2013

By the end of this year’s term, the United States Supreme Court had issued three “employer-friendly” decisions. While the decisions do not dramatically alter the employment law landscape, employers will still welcome the...more

Employment Flash - July 2013

Skadden, Arps, Slate, Meagher & Flom LLP on 7/26/2013

In This Issue: - U.S. Supreme Court Issues Two Important Decisions Under Title VII - Supreme Court Holds Lone Plaintiff’s FLSA Collective Action Is Moot When Claims Are Resolved Before Certification -...more

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