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The recent arbitration decision could backfire on employers.

The Supreme Court really stuck it to employees in their recent Epic Systems decision.  We’ve written about arbitration provisions in general here and why they can be bad for employees.   As if giving up your right to a jury trial wasn’t bad enough, arbitration agreements also sometimes contain class action waivers.  Employers …

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As some of you may recall, in April of 2017, the Seventh Circuit issued a HUGELY important decision, ruling that a federal anti-discrimination statute prohibits sexual orientation discrimination in the workplace.  If you missed it or want to understand more fully how this decision helped create a workplace sexual orientation circuit split, take a look at our blog post on …

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Supreme Court Strikes Down Defense of Marriage Act:Implications for Gay Spouses under the Family Medical Leave Act

Last Wednesday, June 26, 2013, in the landmark 5-4 decision of United States v. Windsor, the U.S. Supreme Court struck down the federal Defense of Marriage Act (“DOMA”) as unconstitutional.  Signed into law in September 1996, DOMA defined marriage as …

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Bad Day for Employees: Supreme Court Applies But For Causation Standard to Title VII Retaliation

This is just a quick update on an important case we mentioned early this year and that we suggested was one to follow.  In University of Texas Southwestern Medical Center v. Naiel Nassar, the Supreme Court of the United States considered whether an employee alleging retaliation …

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Supreme Court Expands Title VII to Prohibit Third Party Retaliation

Yesterday, the United States Supreme Court ruled that an employee may sue for retaliation where his employer took an adverse action against him in retaliation for his fiancee’s complaint of discrimination.  This decision provides much needed protection to the friends, family members, and loved ones of an individual who complains at work …

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