On January 15, 2019, the Supreme Court granted certiorari in Fort Bend County v. Davis, No. 18-525, which presented the question of “[w]hether Title VII’s administrative exhaustion requirement is […]
Supreme Court to Decide Whether Title VII Protects Against Discrimination on the Basis of Sexual Orientation and Gender Identity
On April 22, 2019, the Supreme Court granted certiorari to hear three cases—Bostock v. Clayton County, Georgia, Altitude Express Inc. v. Zarda, and R.G. & G.R. Harris Funeral […]
U.S. Supreme Court Clarifies Procedures for Federal Employment Discrimination Law Claims
Summary In Fort Bend County v. Davis, a unanimous Supreme Court held that Title VII’s requirement that a claimant file an administrative charge with the Equal Employment Opportunity […]
Updated: Supreme Court to Clarify Which Workers Can Avoid Arbitration
The Supreme Court has ruled that employers cannot compel arbitration of claims brought by employees working as last-mile delivery drivers, clarifying an exception to the scope of an […]
California Supreme Court Finds Employees Do Not Lose Standing to Pursue PAGA Claims If They Settle Individual Claims for Labor Code Violations
Overview Employees do not lose standing to pursue a claim under the Private Attorneys General Act of 2004, Cal. Lab. Code §§ 2698, et seq., if they settle and dismiss […]
Supreme Court Developments in Discrimination Law
Within the last week, there have been two significant developments in cases before the Supreme Court that may affect employers. In Comcast Corp. v. National Association of African […]
Supreme Court Considers Emotional Distress Damages Under Title VI and Related Statutes in Cummings v. Premier Rehab
On November 30, 2021, the Supreme Court heard oral arguments in Cummings v. Premier Rehab Keller, P.L.L.C., U.S., No. 20-219, which raises the question of whether emotional distress […]
California Supreme Court Upholds Worker-Friendly Evidentiary Standard for Whistleblower Retaliation Claims
Whistleblower retaliation claims brought under California Labor Code section 1102.5 should be evaluated using the evidentiary standard set forth in Labor Code section 1102.6, rather than the more […]
Supreme Court Holds that Emotional Distress Damages Are Unavailable Under the Rehabilitation Act of 1973 and the Affordable Care Act
On April 28, 2022, in Cummings v. Premier Rehab Keller, P.L.L.C., 596 U.S. __(2022), the Supreme Court held in a 6-3 decision that emotional distress damages are not […]
California Supreme Court Reviews CEQA Exemption Scope in Sunflower Alliance Case | Nossaman LLP
On April 6, 2026, the California Supreme Court heard oral argument in Sunflower Alliance v. California Department of Conservation (Case No. S287414). The case addresses two key California […]