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U.S. Supreme Court Holds That Title VII Prohibits Discrimination Based on Sexual Orientation and Gender Identity

In a 6-3 decision ed by Justice Gorsuch on June 15, 2020, the United States Supreme Court held that Title VII’s prohibition on discrimination “because of…sex” includes discrimination on the basis of sexual orientation and gender identity. Bostock v. Clayton County, No. 17-1618 (590 U.S. ___ (2020). In doing so, the Court made clear that … Continue Reading

U.S. Supreme Court Holds That Filing an EEOC Charge Is Not a Jurisdictional Requirement for Title VII Suits

In a unanimous decision in Fort Bend County, Texas v. Davis, the United States Supreme Court held that while an employee has a mandatory obligation to file a charge with the EEOC prior to bringing a discrimination suit under Title VII, such obligation is a procedural, rather than jurisdictional, requirement.  The key takeaway for employers … Continue Reading

Supreme Court Rules in Favor of Employers in Upholding Arbitration Agreements Containing Class Action Waivers

On May 21, 2018, the Supreme Court of the United States ruled in Epic Systems Corp. v. Lewis that employers can require employees to arbitrate disputes with the employer individually and waive their right to pursue or participate in class or collective actions against their employer. Ruling 5-4 in favor of an employer’s right to … Continue Reading
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