| Law and the Workplace

U.S. Supreme Court Holds That Title VII Prohibits Discrimination Based on Sexual Orientation and Gender Identity

By Steven Hurd, Arielle E. Kobetz and Alex Downie on June 15, 2020 Posted in Discrimination, Harassment and Retaliation

In a 6-3 decision authored by Justice Gorsuch on June 15, 2020, the United States Supreme Court held that Title VII’s prohibition on discrimination “because of…sex” includes discrimination on the basis of sexual orientation and gender identity. Bostock v. Clayton County, No. 17-1618 (590 U.S. ___ (2020). In doing so, the Court made clear that … Continue Reading

U.S. Supreme Court Holds That Filing an EEOC Charge Is Not a Jurisdictional Requirement for Title VII Suits

By Evandro Gigante, Laura Fant and Arielle E. Kobetz on June 4, 2019 Posted in Discrimination, Harassment and Retaliation, Litigation and Arbitration

In a unanimous decision in Fort Bend County, Texas v. Davis, the United States Supreme Court held that while an employee has a mandatory obligation to file a charge with the EEOC prior to bringing a discrimination suit under Title VII, such obligation is a procedural, rather than jurisdictional, requirement. The key takeaway for employers … Continue Reading

Supreme Court Rules in Favor of Employers in Upholding Arbitration Agreements Containing Class Action Waivers

By Mark W. Batten, Allan Bloom and Travis Hall on May 23, 2018 Posted in Class/Collective Action, Litigation and Arbitration

On May 21, 2018, the Supreme Court of the United States ruled in Epic Systems Corp. v. Lewis that employers can require employees to arbitrate disputes with the employer individually and waive their right to pursue or participate in class or collective actions against their employer. Ruling 5-4 in favor of an employer’s right to … Continue Reading