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Klein and Sharman on King v. Burwell: Silence Will Likely Equal Deference in King v. Burwell

by Elise Klein and Joelle Sharman On November 7, 2014, the U.S. Supreme Court granted certiorari to answer the following question: whether the Internal Revenue Service ("IRS") may promulgate regulations to extend tax-credit subsidies to coverage purchased through Exchanges established by...

U.S. Supreme Court Hears Oral Arguments in Pregnancy Bias Suit

WASHINGTON, D.C. — (Mealey’s) United Parcel Service Inc. (UPS) violated the Pregnancy Discrimination Act (PDA) when it refused to accommodate an employee’s lifting restrictions that were caused by her pregnancy even though it provided accommodations for other employees with lifting...

U.S. Supreme Court Hears Arguments on EEOC’s Duty to Conciliate

WASHINGTON, D.C. — (Mealey’s) Since the Equal Employment Opportunity Commission, under Title VII of the Civil Rights Act of 1964, must first attempt to resolve a claim of bias against a private employer through conciliation before filing suit, the court may conduct a “modest inquiry”...

SCOTUS on Whistleblowers and Regulations

Earlier this week, the Supreme Court issued its opinion in DHS v. MacLean [lexis.com subscribers may access Supreme Court briefs and an enhanced opinion for this case]. In 2003 (sometimes these case take a while to unfold!), a federal air marshal received a text that TSA was " cancelling all...

SCOTUS Kills Yard-Man

When you were growing up, did you ever have a teacher return an assignment and tell you everything you did wrong... but not give you the right answer? Instead, you were just supposed to try again and figure it out for yourself? That's pretty much what Justice Thomas just did to the 6th Circuit. ...

U.S. Supreme Court Hears Arguments in EEOC, Abercrombie Dispute

WASHINGTON, D.C. — (Mealey's) The 10th Circuit U.S. Court of Appeals erred in ruling in favor of a clothing retailer that refused to hire a Muslim applicant who wore a headscarf during her interview, Principal Duty Solicitor General Ian H. Gershengorn of Washington argued before the U.S. Supreme...

Reading the #SCOTUS Tea Leaves: Headscarves, Religious Accommodations, and Abercrombie

Yesterday, the Supreme Court heard oral argument in EEOC v. Abercrombie & Fitch Stores, Inc. ( transcript here [pdf] ), which will hopefully determine the circumstances under which an employer must, as a religious accommodation, grant an exception to its “Look Policy” for a hijab-wearing...

SCOTUS on DOL Interpretations

Yesterday, the Supreme Court issued its opinion in Perez v. Mortgage Bankers Ass'n. (opinion here) [lexis.com subscribers may access Supreme Court briefs and an enhanced opinion for this case]. The Court held that executive branch agencies (in this case, the Department of Labor) may revise their...

U.S. Supreme Court Vacates Fourth Circuit’s Pregnancy Discrimination Ruling

WASHINGTON, D.C. — (Mealey’s) A pregnant worker who seeks to demonstrate disparate treatment via indirect evidence may do so under the framework established in McDonnell Douglas Corp. v. Green (411 U.S. 792, 802 (1973) [ an enhanced version of this opinion is available to lexis.com subscribers...

McDonnell Douglas Lives! Supreme Court Applies Decades-Old Test to Pregnancy Accommodation Claims

This morning, the U.S. Supreme Court issued one of its most anticipated employment-law rulings of this term, in Young v. United Parcel Service [pdf] [lexis.com subscribers may access Supreme Court briefs and an enhanced opinion for this case]. The case asked under what circumstances an employer must...

U.S. Supreme Court: EEOC’s Conciliation Efforts May Be Reviewed

WASHINGTON, D.C. — (Mealey’s) Courts have a limited authority to review whether the Equal Employment Opportunity Commission has met its duty under Title VII of the Civil Rights Act of 1964 to attempt conciliation, the U.S. Supreme Court ruled this morning in a unanimous opinion that vacated...

Employment Attorneys React to Supreme Court Decision in Mach Mining v. EEOC

On Wednesday, the United States Supreme Court settled the question of whether the Equal Employment Opportunity Commission’s statutory duty to conciliate a remedy to a Title VII violation prior to filing a lawsuit is subject to some level of judicial review. The decision was unanimous and the answer...

Supremes to Employers: No, We Won't Make EEOC Force You To Settle

In one of the most bizarre employer appeals I've ever seen, a company called Mach Mining asked the Supreme Court to dismiss a suit by EEOC because EEOC didn't engage in sufficient conciliation efforts. Conciliation is a fancy term for trying to settle a case. It's done after EEOC makes one...

The Supreme Court Decides Mach Mining LLC vs. EEOC: A “Win” For Employers?

by Terese Connolly and Mikela Sutrina Last week, in Mach Mining, LLC v. EEOC , the Supreme Court unanimously ruled that Title VII authorizes judicial review of the EEOC’s efforts to satisfy its statutory duty to conciliate before filing suit against an employer [lexis.com subscribers may access...

SCOTUS Returns to Unanswered Question from Symczyk

Remember the FLSA "pick-off" case? In Genesis Healthcare v. Symczyk, the Court held that if an FLSA collective action becomes moot as to the only plaintiff (before additional plaintiffs were added), then the entire claim becomes moot (and the case is dismissed) [ an enhanced version of this...

Some Thoughts on EEOC v. Abercrombie

Now that I've had a chance to read the full opinion in EEOC v. Abercrombie [lexis.com subscribers may access Supreme Court briefs and an enhanced opinion for this case], here are a few thoughts. First, some background: An assistant manager at A&F interviewed an applicant who wore a headscarf...

The Unanswered Questions From EEOC v. Abercrombie

Building off of yesterday's posts regarding EEOC v. Abercrombie [lexis.com subscribers may access Supreme Court briefs and an enhanced opinion for this case] ( here and here ), there are two extraordinarily important questions left unanswered. I touched on this yesterday: What level of suspicion...

The Abercrombie Case

Justice Scalia wrote the majority opinion for the Supreme Court decision issued yesterday in the Abercrombie case [lexis.com subscribers may access Supreme Court briefs and an enhanced opinion for this case] . For those who haven’t been following the Supreme Court docket this year (and only stumbled...

Supreme Court Decision Leaves Employers With Religious Accommodation Questions

by Rodney L. Bean and Kaitlin L. Hillenbrand Yesterday, the Supreme Court of the United States issued its long-awaited opinion in EEOC v. Abercrombie & Fitch Stores, Inc ., where it addressed questions surrounding the obligation of an employer to make a religious accommodation [lexis.com subscribers...

U.S. Supreme Court Accepts Appeal of Tyson Donning, Doffing Suit

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court this morning granted the petition for writ of certiorari in the appeal of a nearly $5.8 million verdict in favor of a class of Tyson Foods Inc. workers who brought a donning and doffing suit against the company ( Tyson Foods, Inc. v. Peg...

Lunch with Justice Scalia

I initially wanted to hold off on posting this article in order to not inundate the blog with Justice Scalia posts back-to-back ( see Abercrombie case ) but I got to thinking— Could there ever be too much Scalia ? I don’t think so. Regardless of whether you agree with his decisions or...

EEOC, Abercrombie Settle Hijab Lawsuit

We went to the U.S. Supreme Court, and all I got was this lousy $45K? (Better than a lousy t-shirt, I guess.) Law360 reports that, now that the U.S. Supreme Court has ruled in favor of the Equal Employment Opportunity Commission in the high-profile religious discrimination and accommodation case...

U.S. Supreme Court Agrees to Hear Demoted Detective’s Free Speech Appeal

WASHINGTON, D.C. — (Mealey's) The U.S. Supreme Court on Oct. 1 granted a petition for writ of certiorari filed by a police detective after the Third Circuit U.S. Court of Appeals determined earlier this year that he failed to prove his case claiming that he was demoted in violation of the First...

U.S. Supreme Court Hears Oral Arguments in Donning, Doffing Appeal

WASHINGTON, D.C. — (Mealey’s) A class action is appropriate only when classwide injury may be determined in a single stroke, the attorney representing Tyson Foods Inc. in a donning and doffing dispute argued this morning before the U.S. Supreme Court ( Tyson Foods, Inc. v. Peg Bouaphakeo...

An Injury Without an Injury — Part 2? #SCOTUS and Collective Wage/Hour Violations

Can a plaintiff support a collective lawsuit if some of the individuals in the purported class have not suffered any harm? The Supreme Court took up this question during yesterday’s oral argument in Tyson Foods v. Bouaphakeo , a case that will go a long way to deciding the continued viability of...