Today the United States Supreme Court answered the question of whether Title VII, the federal law that prohibits workplace discrimination “on the basis of sex,” protects LGBT employees with a resounding “Yes.” In a 6-3 decision, the Court held that: “The answer is clear. An employer who fires an individual for being homosexual or transgender
Supreme Court
U.S. Supreme Court Hears Argument on LGBTQ Rights
This week the United States Supreme Court commenced its 2019-2020 term, during which it will examine significant questions related to the scope of Title VII of the Civil Rights Act of 1964. Yesterday, on October 8th, the Court heard oral argument in a trio of cases on whether Title VII, the federal law…
Ninth Circuit Requires Proof of “But For” Causation for Claims Under Americans with Disabilities Act
On Tuesday, August 20, the Ninth Circuit Court of Appeals in a case entitled Murray v. Mayo Clinic, joined four other Circuit Courts of Appeal in holding that a “but for” causation standard applies in ADA discrimination claims. This standard is considered to make it more difficult for employees to prove discrimination claims than…
California Supreme Court Confirms that the “anti-SLAPP” Statute Applies to Claims of Discrimination and Retaliation
Prior to the California Supreme Court’s decision in Wilson vs. Cable News Network, Inc., California Courts of Appeal were split on whether California’s anti-SLAPP statute applied to an employee’s claims of discrimination and retaliation. The Supreme Court in Wilson resolved this split in favor of the statute’s application, bringing a welcome bit of good…
California Supreme Court Resolves Conflict Regarding California’s Background Check Laws
In Connor v. First Student, Inc., the California Supreme Court resolved a conflict in Court of Appeal decisions relating to the constitutionality of California’s background check laws.
Employers frequently request background information from job applicants. California has two primary laws regulating the collection and distribution of this background information: the Investigative Consumer Reporting Agencies…
California Supreme Court Determines that the Federal De Minimis Doctrine Does Not Apply to California Wage Claims
In Troester v. Starbucks Corp., the California Supreme Court determined that the federal de minimis doctrine does not apply to California wage claims. While this ruling does not completely eviscerate this legal defense for California employers, it places a very high burden on employers who are brave enough to raise this defense in California…
Supreme Court Rules Mandatory Union Fees for Public Sector Employees are Unconstitutional
In yet another significant victory for employers, the United States Supreme Court has held that the First Amendment prohibits public sector unions from collecting mandatory “agency fees” from non-union members who do not consent to the payment of fees. The Court’s ruling in Janus v. AFSCME, Council 31 overturns prior precedent that allowed public sector unions to collect these mandatory fees from employees who choose not to be a part of the union.
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Significant Victory for Employers: Supreme Court Upholds Class Action Waivers in Arbitration Agreements
In a significant win for employers, the United States Supreme Court has issued a landmark decision upholding the use of class action waivers in employment arbitration agreements. This ruling permits employers across the country to enforce individual arbitration agreements with employees, even where the agreement requires an employee to pursue legal claims on an individualized…
California Supreme Court Embraces New Employee-Friendly Worker Classification Standard
In Dynamex Operations West, Inc. v. Lee, the California Supreme Court created a new employee-friendly test for determining whether workers are properly classified as employees or independent contractors. While providing a level of certainty lacking in the prior standard, the Court’s new test significantly increases the burden on California employers in demonstrating that their…
The Washington Supreme Court Addresses Meal Break Claims
The Washington Supreme Court case Brady v. Autozone recently addressed the standards that apply when a non-exempt employee alleges that an employer did not provide meal breaks. In short: it is now clear that if a lawsuit is brought, employers are likely to bear the burden to show that break laws have not been violated.[1] …
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