Court: U.S. Supreme Court

In National Federation of Independent Business, et al v. Department of Labor, Occupational Safety and Health Administration, et al, 595 U.S. ___ (Jan. 13, 2022), the U.S. Supreme Court stayed OSHA’s emergency temporary standard that required certain private employers (with at least 100 employees) to require covered workers to receive a COVID-19 vaccine, with an…

Read More SCOTUS Largely Strikes Down Biden/OSHA Vaccine Mandate
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On June 23, 2021 the U.S. Supreme Court, in Mahanoy Area School District v. B.L., No. 20-255, 594 U.S. __(2021), affirmed (8-1) a Third Circuit decision that a school’s subjecting a cheerleader to disciplinary action for an off-campus vulgar “Snapchat” post violated her First Amendment rights. Justice Breyer delivered the majority opinion, in which Justices…

Read More SCOTUS Rules in Favor of Snapchat Cheerleader’s First Amendment Rights
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In Roman Catholic Diocese of Brooklyn, New York v. Andrew M. Cuomo, Governor of New York, 592 U.S. ___, 2020 WL 6948354 (U.S. Nov. 25, 2020), the U.S. Supreme Court granted an emergency application for injunctive relief, enjoining Governor Cuomo from enforcing New York Executive Order 202.68‘s 10- and 25-person occupancy limits applicable to houses…

Read More SCOTUS Enjoins Governor Cuomo’s COVID Restrictions on Houses of Worship
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In Our Lady of Guadalupe School v. Morrissey-Berru, 2020 WL 3808420 (U.S. July 8, 2020), the U.S. Supreme Court expanded the so-called “ministerial exception” to employment discrimination claims. From the decision: In the cases now before us, we consider employment discrimination claims brought by two elementary school teachers at Catholic schools whose teaching responsibilities are…

Read More SCOTUS Expands “Ministerial Exception” to Employment Discrimination Claims
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Today, in Bostock v. Clayton County, Georgia, No. 17-1618 (June 15, 2020) (J. Gorsuch),[1]This case was decided together with Altitude Express, Inc. v. Zarda, No. 17-1623 (Second Circuit) and R.G. & G.R. Harris Funeral Homes, Inc. v. EEOC, No. 18-107 (Sixth Circuit). the U.S. Supreme Court held that the prohibition of discrimination based on “sex”…

Read More U.S. Supreme Court Rules 6-3 That Title VII Prohibits Discrimination Based on Sexual Orientation and Transgender Status
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Today marks the 53rd anniversary of the Supreme Court’s landmark (unanimous) decision in Loving v. Virginia, 388 U.S. 1 (1967) (J. Warren), in which the Court held that Virginia’s “anti-miscegenation statutes” – laws prohibiting marriages between persons solely on the basis of race – violate the Equal Protection and Due Process Clauses of the Fourteenth…

Read More Loving v. Virginia: Happy (53rd) Anniversary
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In Babb v. Wilkie, 2020 WL 1668281 (U.S. April 6, 2020), the U.S. Supreme Court interpreted the federal-sector provision of the Age Discrimination in Employment Act of 1967 (ADEA), 88 Stat. 74, 29 U.S.C. § 633a(a). That section provides, in relevant part: “All personnel actions affecting employees or applicants for employment who are at least…

Read More SCOTUS Interprets the ADEA’s Federal-Sector Provision
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In a recent decision, Comcast Corporation v. National Association of African American-Owned Media, 2020 WL 1325816 (U.S. March 23, 2020) (Gorsuch, J.), the U.S. Supreme Court held that 42 U.S.C. § 1981 – a federal statute that prohibits race discrimination in the making and enforcement of contracts – is subject to the “ordinary” tort rule…

Read More SCOTUS: Race Discrimination Statute (42 U.S.C. § 1981) Requires Showing of “But For” Causation
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On January 15, 2020, the U.S. Supreme Court heard oral argument in the case of Noris Babb v. Robert Wilkie, Secretary of Veterans Affairs, No. 18-882. Here is the transcript of the argument. The statute at issue, 29 USCA § 633a, titled “Nondiscrimination on account of age in Federal Government employment”, provides in part: (a)…

Read More SCOTUS Hears Oral Argument on Causation Standard in Federal-Sector Age Discrimination Cases
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