The Supreme Court lowered the bar. Employers should take notice.
Last year, in Muldrow v. City of St. Louis , SCOTUS rewrote what counts as an "adverse employment action" under Title VII. The old...
Topic: supreme court
This is what a constitutional crisis looks like
By Jon Hyman
"For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judi...
Will SCOTUS heighten the evidentiary burden for plaintiffs in "reverse discrimination" cases?
By Jon Hyman
Yesterday, the Supreme Court heard oral arguments in the case of Marlean Ames, a straight woman who sued the Department of Youth Services fo...
Supreme Court eases path for employees to sue employers for discriminatory job transfers
By Jon Hyman
In a unanimous decision , the Supreme Court held that an employee alleging a discriminatory job transfer need not show the suffering of a ...
SCOTUS decides whether Title VII’s charge-filing precondition to suit is jurisdictional or non-jurisdictional
By Jon Hyman
If the U.S. Supreme Court decided an employment case, I’m contractually obligated to blog about it. Yet, Ford Bend County, Texas v. Davi...
Sexual harassment allegations unjustifiably ruin people's lives only if they are false
By Jon Hyman
Peoples lives are being shattered and destroyed by a mere allegation. Some are true and some are false. Some are old and some are new. The...
Brett Kavanaugh, Supreme Court Justice?
By Jon Hyman
The pick is in. Brett Kavanaugh is President Trump's nominee to replace Justice Kennedy on the Supreme Court. What type of Justice wil...
SCOTUS decision on class action waivers is not the epic win for employers it may seem to be
By Jon Hyman
Yesterday, in a narrow, 5-4 partisan decision, the Supreme Court issued its most anticipated employment decision of its current term, Epi...
Supreme Court puts the breaks on the narrow constructions of FLSA exemptions
By Jon Hyman
Photo by Coolcaesar (Own work) , via Wikimedia Commons Yesterday, in a narrow 5-4 decision, the Supreme Court held that automobile ser...
SCOTUS takes largely meaningless swipe at Obama’s NLRB legacy
By Jon Hyman
Lafe Solomon There is little doubt that under President Obama, the NLRB reinvented itself into an agency about which all employers must ...
SCOTUS to review NLRB ban on class-action waivers
By Jon Hyman
One of the biggest issues on the NLRB’s hit list over the past few years has been class-action waivers. In D.R. Horton , a 3-2 majority of...
#SCOTUS extends time limits for constructive discharge claims
By Jon Hyman
Yesterday, in Green v. Brennan [pdf] (background here ), the Supreme Court considered when the statute of limitations begins to run for ...
Scalia
By Jon Hyman
I was on my way to the Rock and Roll Hall of Fame to watch my daughter perform at the High School Rock Off when my phone started going nu...
An injury without an injury — part 2? #SCOTUS and collective wage/hour violations
By Jon Hyman
Can a plaintiff support a collective lawsuit if some of the individuals in the purported class have not suffered any harm? The Supreme Cou...
An injury without an injury? #SCOTUS, standing, and the Fair Credit Reporting Act.
By Jon Hyman
Yesterday, the Supreme Court heard oral argument in Spokeo, Inc. v. Robins . This case should answer a very important question for employers...
#SCOTUS requires employers to stereotype in ruling for EEOC in hijab-accommodation case
By Jon Hyman
Yesterday, the United States Supreme Court ruled that an employer violates Title VII’s religious accommodation requirements if the need for ...
Supreme Court ruling on EEOC conciliation obligations is a Pyrrhic victory for employers
By Jon Hyman
One question that employers always ask upon receipt of an EEOC charge of discrimination is, “How does this process work?” After the EEOC con...
Supreme Court to consider time limits for constructive discharge claims
By Jon Hyman
Yesterday, the Supreme Court finished its Spring 2015 term with oral argument in Obergefell v. Hodges, the same-sex-marriage case. Earlier i...
Reading the #SCOTUS tea leaves: headscarves, religious accommodations, and Abercrombie
By Jon Hyman
Yesterday, the Supreme Court heard oral argument in EEOC v. Abercrombie & Fitch Stores, Inc. ( transcript here [pdf] ), which will hope...
#SCOTUS unanimously holds that post-work security checks are unpaid
By Jon Hyman
Integrity Staffing Solutions v. Busk asks the question of whether the FLSA entitles hourly employees to be paid for post-shift time spent un...