The Labor & Employment Law Blog Focusing on legal trends in data security, cloud computing, data privacy, and anything E

Tag Archives: Supreme Court

Supreme Court Issues its Decision in EEOC v. Abercrombie & Fitch Stores Answering the Question: When Does an Employer Have to Accommodate an Applicant’s Religious Practices?

Posted in Discrimination, Labor Law, New Legislation and Regulations, Wage & Hour

Abercrombie & Fitch (AF) refused to hire Samantha Elauf, a practicing Muslim, on the basis that the headscarf she wore during her interview conflicted with AF’s “Look Policy” which prohibits employees from wearing “caps” (a term that the Policy did not define). The Equal Employment Opportunity Commission (EEOC) filed suit on Elauf’s behalf, alleging a… Continue Reading

Supreme Court Rules DOMA Section 3 Unconstitutional

Posted in Trade Secrets and Competition

Today the United States Supreme Court ruled that Section 3 of the federal Defense of Marriage Act (DOMA) is unconstitutional.  The case, United States v. Windsor, 570 U.S. ____ (2013), involved the portion of DOMA that stated that the federal government will only recognize marriages between opposite-sex spouses for purposes of federal law.  There are over… Continue Reading

Who is the Supervisor? Supreme Court Resolves Long Simmering Question Under Title VII

Posted in Harassment, Labor Law

By:  Chuck Post In Vance v. Ball State University, the Supreme Court clarified a long open question, “Who is a supervisor under Title VII?” The question is important because employers are directly responsible for employee harassment by a supervisor. In the case of worker harassment of a co-worker, however, employer liability is less direct. In the… Continue Reading

Tangled is The Heart: U.S. Supreme Court Rejects “Mixed Motives” As A Basis For Retaliation Claims

Posted in Labor Law, Retaliation and Wrongful Termination

By:  Chuck Post In University of Texas Southwestern Medical Center v. Nassar, the Supreme Court held that employees must show that “but for” the employer’s desire to retaliate, the employee would not have suffered an adverse action (demotion, termination, etc.) against him/her. Lower courts had been split over whether the “but for” standard was the… Continue Reading

California Pre-Employment Arbitration Agreement Ruled Unconscionable

Posted in Employment Contracts and Agreements

By:     Chelcey E. Lieber Including arbitration provisions in employment agreements or employee handbooks is not a guaranteed way to avoid the courtroom. On January 3, 2012, the California Court of Appeal upheld a decision from the Sacramento County Superior Court holding that an arbitration provision contained in a pre-employment agreement was unconscionable, and, therefore, unenforceable.

UPDATED! Brinker: The Wait Is Almost Over

Posted in Wage & Hour

By:       Scott M. Plamondon UPDATED 12/21/2011: Based on the date on which the case was submitted at oral argument, the California Supreme Court was required to render a decision in this matter on or before February 6, 2012. On December 2, 2011, however, the Supreme Court agreed to accept additional briefing regarding whether its decision will… Continue Reading