Supreme Court To Review Constitutionality Of Recess Appointments To The NLRB

Garrett Wozniak
Garrett Wozniak
07/05/2013
As the recent Supreme Court term came to an end, employers were greeted with a couple of favorable decisions.  On June 24th, the Court held that a “but-for” standard applies in Title VII retaliation cases and that to be a “supervisor” under Title VII, an employee must have the power to implement tangible employment actions. That same day, the Supreme Court agreed to review the D.C. Circuit’s opinion in Noel Canning Div. of Noel Corp. v....
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The Supreme Court Speaks: Title VII "Supervisors" Must Have The Power To Implement Tangible Employment Actions

In Vance v. Ball State University, in a 5-4 decision issued June 24, 2013, on the same day and by the same majority that decided the Nassar case limiting Title VII retaliation claims to “but for” violations, the U.S. Supreme Court handed employers another victory by defining, precisely and narrowly, who is a “supervisor” for liability purposes in cases of Title VII unlawful harassment. Under Title VII, employer liability for harassment...
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Supreme Court Strikes Down Portion Of Defense Of Marriage Act

Randi Klein Hyatt
Randi Klein Hyatt
06/28/2013
In an important and far-reaching decision, the Supreme Court struck down Section 3 of the Federal Defense of Marriage Act (DOMA). United States v. Windsor, No. 12-307, 570 U.S. ____ (June 26, 2013).  Section III of DOMA defined marriage, for federal purposes, as only between a man and woman.  By striking down this provision, and recognizing the respective states’ definitions of marriage, the Supreme Court opened the door to a panoply of federal...
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Race Based Admissions Program Sent Back To Lower Courts

Randi Klein Hyatt
Randi Klein Hyatt
06/28/2013
The Supreme Court recently made it a bit more difficult for state universities to utilize race as one of the factors in their undergraduate admission processes. In Fisher v. The University of Texas at Austin, et al., No. 11-345, decided June 24, 2013, the Supreme Court effectively punted on the broader issue of whether using race as one of many factors is permissible under the Equal Protection and Due Process clauses of the Constitution.  Instead,...
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Supreme Court Holds That “But-For” Standard Applies In Title VII Retaliation Cases

Darrell VanDeusen
Darrell VanDeusen
06/25/2013
In one of the biggest employment cases this year, in a 5-4 decision the Supreme Court  held that the mixed-motive theory under employment discrimination laws cannot be used in retaliation claims. Univ. of Texas Sw. Med. Ctr. v. Nassar, 2013 U.S. LEXIS 4704 (June 24, 2013).   In Nassar, the Court addressed the federal circuit split that has developed following its 2009 decision in Gross v. FBL Financial Servs. Inc., 557 U.S. 168 (2009). A little...
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