October 10, 2023
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Category: Litigation

U.S. Supreme Court To Hear Several Important Employment-Related Cases During Upcoming Term

The U.S. Supreme Court will hear several cases concerning employment law during its 2023-2024 term that opened at the beginning of October. While none of these cases is likely to generate the widespread attention received by last term’s college admissions affirmative action ruling, the impact on employers could be extensive. Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit...
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August 30, 2023
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Category: Affirmative Action and Diversity

Fresh After Affirmative Action College Admissions Case Win, Plaintiffs Turn to Private Sector

Affirmative action opponents are following their successful Supreme Court challenge of the admissions policies of Harvard and the University of North Carolina by suing entities in the private sector for allegedly discriminatory race-based employment practices. The American Alliance for Equal Rights filed lawsuits against two major law firms, alleging race-based discrimination in their fellowship programs for summer interns. A separate...
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July 05, 2023
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Category: Discrimination and Harassment

Supreme Court Clarifies Title VII Religious Accommodation Standard: Undue Hardship Means Substantial Cost

The Supreme Court has ruled that an employer must show that an employee’s requested religious accommodation under Title VII of the Civil Rights Act of 1964 (Title VII) will result in substantial cost to its business before the employer can deny the accommodation. The ruling in Groff v. DeJoy upends years of lower court case law holding that an employer...
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June 19, 2023
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Category: Government Contracts

Supreme Court Hones Standard for Establishing False Claims Act Liability

The U.S. Supreme Court has ruled that a company can be liable under the federal False Claims Act (FCA) for making a false claim against the government if the company knew or should have known that the claim was false, even if the claim was objectively reasonable. The decision is United States ex rel. Schutte v. SuperValu, Inc. (June 1,...
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June 12, 2023
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Category: Labor Relations

Supreme Court Rules Employer Can Sue Union for Strike-Related Property Damage

In a decision that underscores the legal responsibility of a labor union to mitigate the risk of harm to an employer’s property during a work stoppage, the U.S. Supreme Court ruled 8 to 1 that a concrete company can sue a labor union for the intentional destruction of its property after union members went on strike. In Glacier Northwest, Inc. v....
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July 15, 2022
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Category: Supreme Court

High Court Hones “Major Questions” Doctrine, With Implications for Agency Rulemaking

In one of its last opinions issued before the end of its current term, the U.S. Supreme Court issued an important ruling that sheds light on the so-called “major questions” doctrine, an emerging legal standard that can be used to challenge agency rulemaking. Although the case at issue deals with a regulation issued by the Environmental Protection Agency (EPA), the...
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July 07, 2022
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Category: Policies and Practices

Some Initial Compliance Questions To Consider In Light of Dobbs Ruling

In the wake of the U.S. Supreme Court’s controversial decision in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade and almost 50 years of precedent in holding that there is no right to abortion recognized by the U.S. Constitution, employers are raising questions regarding how Dobbs might intersect with workplace compliance obligations. This memo addresses some of...
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July 07, 2022
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Category: Arbitration and Dispute Resolution

Supreme Court Rules Arbitration Can Trump Certain California “PAGA” Claims

The U.S. Supreme Court, in its most recent arbitration decision, has ruled that the Federal Arbitration Act (FAA) preempts an interpretation of California law that prohibits enforcement of individual arbitration agreements under California’s Private Attorneys General Act (PAGA). As a result of the High Court’s ruling, an employee who has entered into a valid arbitration agreement to resolve his or...
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June 10, 2022
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Category: Arbitration and Dispute Resolution

Supreme Court Provides Guidance on Scope of FAA’s Transportation Worker Exemption

Over the last two decades, the U.S. Supreme Court has made it clear that the Federal Arbitration Act (FAA) establishes a public policy favoring arbitration of disputes in lieu of litigation. There is one part of the FAA, however, that exempts certain workers “engaged in foreign or interstate commerce,” thus permitting these workers to sue in court. In recent years,...
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May 27, 2022
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Category: Arbitration and Dispute Resolution

Supreme Court Issues Another Important Arbitration Ruling in Morgan v. Sundance

A unanimous decision issued by the U.S. Supreme Court this week in the case of Morgan v. Sundance, Inc., No. 21-328 (U.S. May 23, 2022), the latest in a series of important arbitration rulings handed down by the High Court in recent years, creates even further incentive for an employer to act promptly when it seeks to compel arbitration. The...
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