Category Archives: US Supreme Court

US Supreme Court Rules for Employee on “Cat’s Paw” Theory

The United States Supreme Court recently unan­i­mously issued a major vic­tory for employ­ees under “USERRA”, the Uni­formed Ser­vices Employ­ment and Reem­ploy­ment Rights Act of 1994, 38 U.S.C. § 4301 et seq., on the “cat’s paw” the­ory in employ­ment dis­crim­i­na­tion claims. … Con­tinue read­ing

Posted in Evidence issues, Medical Industry Litigation, Result for Employee, Title VII of the Civil Rights Act of 1964, US Supreme Court, USERRA | Tagged | Leave a comment

Analysis: The “No Blood No Foul” Rule. When is an Employer’s Conduct Severe Enough to Constitute Retaliation?

I pre­vi­ously wrote about the Supreme Court’s retal­i­a­tion deci­sion in Burling­ton North­ern & Sante Fe Rail­way Co. v. White, 548 U.S. 53 (2006) (“Burling­ton North­ern v. White”), in which the US Supreme Court sub­stan­tially broad­ened the abil­ity of employ­ees to … Con­tinue read­ing

Posted in Result for Employee, Retaliation claims, Title VII of the Civil Rights Act of 1964, US Supreme Court | Tagged | 1 Comment

President Obama Nominates Sonia Sotomayor for Supreme Court

Pres­i­dent Obama today announced (CNN story and video) his nom­i­na­tion of Sonia Sotomayor, cur­rently a Judge on the Sec­ond Cir­cuit, to fill the posi­tion on the US Supreme Court to be vacated by the res­ig­na­tion of Jus­tice David Souter. Within … Con­tinue read­ing

Posted in US Supreme Court, Vacancies | Leave a comment

Arbitration Agreements in Union Contacts are Enforceable; US Supreme Court in Penn Plaza v. Pyett

This is a test Con­tinue read­ing

Posted in Age Discrimination, Arbitration, Labor Unions, Pending legislation, Result for Employer, US Supreme Court | 2 Comments

US Supreme Court Broadens Definition of “Opposition”; for Retaliation Claims; Crawford v Metropolitan Government of Nashville, 1–26-09

1/26/09: In Craw­ford v. Met­ro­pol­i­tan Gov­ern­ment of Nashville and David­son County, Ten­nessee, 129 S. Ct. 846 (2009), the US Supreme Court unan­i­mously ruled that an employee engaged in pro­tected activ­ity under Title VII’s retal­i­a­tion pro­vi­sion by answer­ing an employer’s ques­tions … Con­tinue read­ing

Posted in Result for Employee, Retaliation claims, Sexual harassment, US Supreme Court | 1 Comment

Supreme Court “fills in the blank” to recognize retaliation claims for federal employees under ADEA; Gomez-Perez v. Potter, 2008

5–27–08: The US Supreme Court in Gomez-Perez v. Pot­ter, 128 S. Ct. 1931 (2008) ruled that the Age Dis­crim­i­na­tion in Employ­ment Act of 1967, 29 U.S.C. § 621 et seq., pro­hib­ited retal­i­a­tion against fed­eral employ­ees who had com­plained about age … Con­tinue read­ing

Posted in Age Discrimination, Result for Employee, Retaliation claims, US Supreme Court | 1 Comment

US Supreme Court broadens scope of permissible evidence for proving discrimination; Sprint/United Management v. Mendelsohn; 2/26/08

Feb­ru­ary 26, 2008: The United States Supreme Court handed down its opin­ion in Sprint/United Man­age­ment Co. v. Mendel­sohn, 128 S. Ct. 1140 (2008) (Find­Law site opin­ion). The issue in this fed­eral age dis­crim­i­na­tion case (ADEA) was whether the plain­tiff could … Con­tinue read­ing

Posted in Age Discrimination, Evidence issues, Result for Employee, US Supreme Court | 3 Comments

US Supreme Court rules pay claims must be filed shortly after discriminatory decision; Ledbetter v Goodyear, 5/29/07

May 29, 2007: In Led­bet­ter v. Goodyear Tire & Rub­ber Com­pany, 550 U.S. 618, 128 S. Ct. 2162 (2007) (Find­Law site opin­ion), the United States Supreme Court, in a 5–4 deci­sion, issued an impor­tant deci­sion in a sex dis­crim­i­na­tion case … Con­tinue read­ing

Posted in Disparate Impact, Equal Pay, Limitations periods, Result for Employer, Sex Discrimination, Title VII of the Civil Rights Act of 1964, US Legislation, US Supreme Court | Leave a comment

US Supreme Court Makes it Easier to Prove Retaliation Claims, in Burlington Northern v. White, 2006

June 22, 2006: In Burling­ton North­ern & Sante Fe Rail­way Co. v. White, 548 U.S. 53 (2006) (“Burling­ton North­ern v. White”), the US Supreme Court sub­stan­tially broad­ened the abil­ity of employ­ees to file retal­i­a­tion claims under Title VII of the … Con­tinue read­ing

Posted in Result for Employee, Retaliation claims, US Supreme Court | 1 Comment