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U.S. Supreme Court finds FAA preempts state rule that denied enforcement of class action waivers in arbitration agreements

Jones Day
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USA
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May 3 2011

On April 27, 2011, the Supreme Court issued a 54 decision that the Federal Arbitration Act ("FAA") preempts a California unconscionability doctrine that denies enforcement to arbitration agreements requiring consumers to waive any right to bring a class action unless the agreement also provides for class arbitration

Supreme Court rejects employer-friendly formulation of "cat's paw" defense

Jones Day
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USA
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March 4 2011

In its March 1, 2011 ruling in Staub v. Proctor Hospital, No. 09-400, the United States Supreme Court rejected an employer-friendly formulation of the so-called "cat's paw" defense in the context of a claim under the United Services Employment and Reemployment Rights Act of 1994

Supreme Court rules that employee may bring Title VII retaliation claim based upon discrimination charge filed by co-employee

Jones Day
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USA
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January 31 2011

On January 24, 2011, the Supreme Court held unanimously that an employee could bring a claim of retaliation against his former employer under Title VII of the Civil Rights Act of 1964 ("Title VII"), even though the employee did not himself file the charge of discrimination that triggered the alleged retaliation

States Supreme issues ruling in Lewis v. City of Chicago

Jones Day
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USA
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May 31 2010

On May 24, 2010, the United States Supreme Court issued its ruling in Lewis v. City of Chicago, No. 08-974, holding that a disparate impact employment discrimination charge filed with the Equal Employment Opportunity Commission ("EEOC") within 300 days of a discriminatory practice's application, rather than its adoption, will be deemed timely

EEOC's proposed rule seeks to clarify the "reasonable factor other than age" defense to disparate impact claims under the ADEA

Jones Day
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USA
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March 4 2010

On February 18, 2010, the Equal Employment Opportunity Commission ("EEOC") published a Notice of Proposed Rulemaking ("NPRM"), which, if implemented, would revise its regulations relating to its position on the meaning and scope of the "reasonable factor other than age" ("RFOA") defense in disparate impact cases under the Age Discrimination in Employment Act ("ADEA"

Fourth Circuit holds that Sarbanes-Oxley plaintiffs have the right to a de novo federal court hearing where the Department of Labor fails finally to resolve the claim within the statutory timeframes

Jones Day
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USA
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January 18 2010

The Fourth Circuit recently became the first appellate court to consider whether a plaintiff has a right to de novo proceedings in district court on a whistleblower claim even after that claim has been resolved against the employee by a Department of Labor Administrative Law Judge ("ALJ"

Supreme Court upholds employer pension payment based in part on pre-PDA differentiating rule

Jones Day
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USA
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May 22 2009

In a 7-2 decision, the Supreme Court on Monday decided that an employer's calculation of pension benefits that gave less retirement credit for pregnancy leave than for other medical leave, based on a rule applied only prior to enactment of the Pregnancy Discrimination Act ("PDA"), did not violate Title VII of the Civil Rights Act

Supreme Court upholds provision in labor agreement requiring arbitration of age discrimination claims

Jones Day
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USA
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April 7 2009

On April 1, 2009, the Supreme Court issued its ruling in 14 Penn Plaza LLC v. Pyett, No. 07-581, holding that a collective bargaining agreement ("CBA") that clearly and unmistakably requires union members to arbitrate their claims under the Age Discrimination in Employment Act ("ADEA"), and by extension other antidiscrimination laws, is enforceable as a matter of federal law

President Obama signs first bill: Lilly Ledbetter Fair Pay Act of 2009

Jones Day
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USA
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January 30 2009

This morning, President Obama signed the Lilly Ledbetter Fair Pay Act of 2009 ("Ledbetter Act"), amending Title VII, the Age Discrimination in Employment Act of 1967 ("ADEA"), the Americans with Disabilities Act of 1990 ("ADA"), and the Rehabilitation Act of 1973