• Perez et al v. Mortgage Bankers Association - The Supreme Court will address the efficacy of the Department of Labor’s 2010 reclassification of mortgage loan officers as eligible for overtime pay where the DOL failed to use notice-and-comment rulemaking procedures.

The Court’s eventual decision will impact the DOL’s rulemaking authority—specifically, whether it can legislate through administrator interpretations. The Court will hear oral arguments for the case in December, but is not expected to issue its opinion until 2015.

  • Mach Mining LLC v. EEOC - The Supreme Court will address whether the EEOC’s statutorily required efforts to informally resolve claims before taking employers to court is subject to judicial review. Specifically, the Supreme Court will address whether the EEOC’s pre-suit efforts to conciliate or settle discrimination charges under Title VII of the 1964 Civil Rights Act are subject to judicial review.

The Supreme Court was urged to review this case because the underlying issue had divided federal appeals courts.

  • Young v. UPS - The Supreme Court will address the Pregnancy Discrimination Act (PDA), and whether an employer can treat employees who require accommodations for non-pregnancy related disabilities more favorably than pregnancy-related disabilities. Young claims UPS violated the PDA by failing to provide her the same accommodations as non-pregnant employees with similar limitations, such as workers hurt on the job, those who qualified for ADA accommodations and those who lost their U.S. Department of Transportation certification.

The Fourth Circuit held that the language of the PDA does not require that pregnancy be treated preferentially, and found that UPS had “crafted a pregnancy-blind” accommodation policy that was applied equally to all employees based on the cause of the disability or accommodations and not the disability itself.