On April 17, 2024, inMuldrow v. St. Louis, the U.S. Supreme Court held that in order to make out a Title VII claim, an individual need only show "some harm" to an "identifiable term or condition of employment." The decision is a departure from prior law, as most courts of appea...
In issuing its ruling, the Court resolved a circuit split regarding the threshold for harm necessary to maintain a Title VII claim related to a job transfer. The opinion of the Court focused on the statutory text of Title VII. Under Title VII, it is prohibited for an employer "to f...
at the time,” Justice Alito viewed the majority as having engaged in improper legislating from the bench. Similarly, Justice Kavanaugh stated in his dissenting opinion that “the responsibility to amend Title VII belongs to Congress and the President in the legislative process, not to this Court...
In his concurring opinion, Justice Samuel Alito criticized the Court’s majority opinion as being “unhelpful,” saying he could only imagine how its guidance — that some harm is needed but that the harm need not be significant —“will be greeted by lower court j...
On June 24, 2013, the United States Supreme Court issued its opinion in Vance v. Ball State University, No. 11-556, 570 U.S. ___ (2013), holding that an employee is a "supervisor" for purposes of vicarious employer liability under Title VII of the Civil
The federal district court ruled for Harris Homes, but the 6th U.S. Circuit Court of Appeals sided with Stephens. In its ruling, the lower court said "discrimination on the basis of transgender ... status violates Title VII." In a dissenting opinion on Monday, Justice Samuel Alito, joined...
The majority did not foreclose all race-related considerations in college admissions. The Court made clear that its opinion should not be construed “as prohibiting universities from considering an applicant’s discussion of how race affected his or her life, be it through discrimination,...
On the issue of privacy, there is always a balance to be struck between what sacrifice must be made in order to continue to maintain and protect our right to privacy. The U.S. Supreme Court expressed an opinion today that law enforcement’s ability to search through cell phones they obtain...
past discrimination or eliminate a manifest imbalance in a traditionally segregated job category. Such affirmative action plans must be limited in time and scope. One concurring opinion (Gorsuch, J.) states that Title VII has the same categorical prohibition on racial discrimination as Title VI. ...
In an opinion written by Associate Justice Sonia Sotomayor, the Court concluded that the “text, structure, and purpose” of Section 3 and the FAA all “point to the same conclusion: When a federal court finds that a dispute is subject to arbitration, and a party has requested a stay of...