On June 5, 2025, the U.S. Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services, rejecting a heightened evidentiary burden for a plaintiff who is a member of a “majority group” under Title VII of the Civil Rights Act of 1964. Claims brought by such majority-group plaintiffs are sometimes referred to as “reverse discrimination” claims.
Continue Reading Supreme Court Eliminates Heightened Discrimination Standard Under Title VII
While welcome news to most employers, those in California are unlikely to be impacted by the U.S. Supreme Court’s recent ruling in E.M.D. Sales, Inc. v. Carrera, 220 L. Ed.
Continue Reading E.M.D. Sales: A Reminder That California Stands Out from the Crowd
The U.S. Supreme Court’s October Term 2024 begins Oct. 7, and at least two cases on the Court’s docket present potentially important implications for employers nationwide. This GT Alert provides
Continue Reading SCOTUS Cases for Employers to Watch in the October Term 2024
When Congress passes legislation, it frequently directs that one or more federal agencies promulgate regulations both implementing the law and filling in details Congress may have left unaddressed. When agencies
Continue Reading Employers Await Supreme Court’s Ruling on the Future of ‘Chevron’ Deference
In a unanimous 9-0 decision issued April 12, 2024, the U.S. Supreme Court held the “transportation worker” exemption under Section 1 of the Federal Arbitration Act (FAA) does not require
Continue Reading Supreme Court Finds FAA ‘Transportation Worker’ Exemption Does Not Require Employment in Transportation Industry
The contours of plaintiff pleading requirements for ERISA fiduciary breach claims sketched by the Supreme Court in Hughes v. Northwestern University continue to evolve. Recent cases suggest that plaintiffs may
Continue Reading The Tide May Be Turning on Flood of ERISA Excessive Fee Class Actions
On Dec. 15, 2021, the United States Supreme Court granted certiorari in Viking River Cruises, Inc. v. Moriana, and likely will decide by summer 2022 whether the Federal Arbitration
Continue Reading Supreme Court to Consider Whether the FAA Mandates Arbitration of PAGA Actions
By now, most California employers have heard of AB 5, which, along with the California Supreme Court decision, Dynamex Operations W. Inc. v. Superior Court, 4 Cal. 5th 903
Continue Reading Move Over AB 5, There’s a New Kid on the Block
Whether the 5-4 Supreme Court decision in Thole vs. U.S. Bank on June 1 is “good news” for employers and will limit lawsuits by defined benefit participants, as some commentators
Continue Reading Greenberg Traurig Attorneys Jeffrey Mamorsky and Jonathan Sulds’ Pen ERISA Column in Pensions and Investments
What do a gay child-welfare advocate from Georgia, a transgender funeral home employee from Michigan, and a gay skydiving instructor from New York have in common? According to the Supreme
Continue Reading Supreme Court Rules Title VII protects LGBT+ Employees from Workplace Discrimination: Practical Implications for Employers