Supreme Court

The U.S. Supreme Court has agreed to hear Crowther v. Board of Regents of the University System of Georgia, a case that could determine whether Title IX provides employees of federally funded educational institutions a private right of action for sex discrimination and retaliation claims.
Continue Reading Supreme Court Set to Resolve Circuit Split Over Title IX Applicability to Employment Discrimination Claims

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

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