Employment Issues to Take Center Stage in New SCOTUS Term
The Supreme Court sets the stage for game-changing 2019 term for employers.
August 28, 2019 at 09:00 AM
5 minute read
Between gerrymandering and the "citizenship''" question, the U.S. Supreme Court concluded its 2018 term with a bang. The high court is primed for further fireworks in its 2019 term, where it will decide several cases with game-changing potential and far-reaching consequences for employers. This includes whether Title VII prohibits discrimination based on sexual orientation, sex/gender identity or both.
In two cases, the Supreme Court will address causation standards on certain employment claims. The element of a causal connection has been the subject of scrutiny since the high court's ruling in 2013 in University of Texas Southwestern Medical Center v. Nassar. There, the court held that a causal connection for Title VII retaliation claims is shown if the employee demonstrates that the adverse employment action would not have occurred "but for" the employee's protected activity.
In the upcoming term, in Comcast v. National Association of African American-Owned Media, the Supreme Court will decide whether "but for" causation is required for race discrimination claims under Section 1981. Similarly, in Babb v. Wilkie, the court will decide whether "but for" causation is required under the federal-sector provision of the Age Discrimination in Employment Act. While Babb is limited to federal employers, the court's decision in Comcast will impact all employers.
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