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Two Big Cases from the Supreme Court Change Federal Employment Law

Posted by Frank Steinberg | Jun 28, 2013 | 0 Comments

Earlier this week the U.S. Supreme Court decided two cases of considerable importance to Title VII liability.  Both decisions can generally be considered pro-business, as they made it harder for plaintiffs to prevail.  University of Texas Southwestern Medical Center v. Nassar holds plaintiffs who claim they were subject to unlawful retaliation to the tougher “but for” standard of proof than other discrimination plaintiffs.  Vance v. Ball State University narrowed the definition of a “supervisor” under Title VII, which helps business because it is easier for a plaintiff to win a discrimination case based upon the conduct of a supervisor than of a mere co-worker.

Here is a good early analysis from SCOTUSblog.

We will have more to say on these cases in the coming weeks.

About the Author

Frank Steinberg

Frank is the founder and principal of Steinberg Law, LLC. A Jersey boy born and bred, he focuses on employment litigation and counseling, business litigation,  and aviation law. Following law school and a clerkship in the federal district court Frank spent his early career with large litigation ...

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