by Tim Coffield | Jun 15, 2020 | Supreme Court
In the landmark Bostock v. Clayton County, No. 17–1618, 590 U.S. ___ (2020), the Supreme Court held that an employer who fires an individual for being gay or transgender violates Title VII of the Civil Rights Act of 1964. Facts In each of three consolidated cases, an...
by Tim Coffield | May 15, 2020 | Supreme Court
In Tyson Foods, Inc. v. Bouaphakeo, 136 S.Ct. 1036 (2016), the Supreme Court held that representative proof from a sample, based on an expert witness’s estimation of average time that employees spent donning and doffing protective gear, could be used to show...
by Tim Coffield | Apr 15, 2020 | Supreme Court
In Babb v. Wilkie, Secretary of Veteran Affairs, No. 18-882, ___ U.S. ___ (Apr. 6, 2020), the Supreme Court held that the federal-sector provision of the Age Discrimination in Employment Act of 1967, 29 U.S.C. § 633a(a), demands that personnel actions be untainted by...
by Tim Coffield | Mar 15, 2020 | Supreme Court
In Comcast Corp. v. National Association of African American-Owned Media, No. 18-1171, __ U.S. __ (March 23, 2020), the Supreme Court held that race-discrimination claims brought under the Civil Rights Act of 1886, 42 U.S.C. § 1981, are subject to a but-for standard...
by Tim Coffield | Feb 15, 2020 | Supreme Court
In Genesis Healthcare Corp. v. Symczyk, 569 U.S. 66 (2013), the Supreme Court held that a putative Fair Labor Standards Act collective action brought by one employee on behalf of others was no longer justiciable when, as conceded by the employee, her individual claim...
by Tim Coffield | Jan 15, 2020 | Supreme Court
In Falk v. Brennan, 414 U.S. 190 (1973), the Supreme Court held that an entity is an “employer” under the Fair Labor Standards Act when it exercises substantial control over the terms and conditions of the work of the employees at issue. Background The Fair Labor...
