Tag: The United States Supreme Court

U.S. Supreme Court Holds that Non-Union “Quasi” Public Employees May Not Be Forced to Pay Agency Fees to Union

Tuesday, July 29, 2014

On June 30, 2014, the United States Supreme Court rendered a 5-4 decision holding that the agency-fee provision of the Illinois Public Labor Relations Act (PLRA) violated the First Amendment. Harris v. Quinn, No. 11-681, 2014 WL 2921708 (June 30, 2014). Read More

Supreme Court Holds Public Employee’s Testimony is Protected by First Amendment

Thursday, July 24, 2014

In a unanimous decision authored by Justice Sotomayor, the United States Supreme Court held that the First Amendment protects a public employee who provides truthful sworn testimony, compelled by subpoena, outside the scope of his ordinary job responsibilities. Lane v. Franks, No. 13-483, 2014 WL 2765285 (2014). Read More

U.S. Supreme Court to Tackle the EEOC’s Duty to Conciliate

Thursday, July 10, 2014

On June 30, 2014, the United States Supreme Court granted an employer’s petition for certiorari to address whether a court may dissect the U.S. Equal Employment Opportunity Commission’s (EEOC) obligation under Title VII of the Federal Civil Rights Act of 1964 (Title VII) to conciliate discrimination claims before filing suit and, relatedly, whether employers can use the EEOC’s failure to conciliate as an affirmative defense. Mach Mining, LLC v. E.E.O.C., 738 F.3d 171 (7th Cir. 2013), cert. granted, No. 13-1019, 2014 WL 713205 (June 30, 2014). The Court’s decision to address the EEOC’s duty to conciliate has the potential to significantly change the landscape of employment discrimination cases. Read More

National School Boards Association Releases List of FAQs Relating to DOMA Employer Issues

Friday, November 1, 2013

The National School Boards Association (NSBA), in partnership with the National Education Association and American Association of School Administrators, has released a list of FAQs for school district employers and employees to help deal with any questions that have been raised as a result of the recent Supreme Court United States v. Windsor ruling. Read More

Treasury and IRS Announce That They Will Recognize Same-Sex Marriages for Tax Purposes

Monday, September 9, 2013

On August 29, the U.S. Department of the Treasury and the Internal Revenue Service (IRS) announced, in Revenue Ruling 2013-17, that legally married same-sex couples will be treated as married for federal tax. This includes federal income, gift and estate taxes. The ruling implements the federal tax law aspects of the Supreme Court’s June 26, 2013 decision in United States v. Windsor, which invalidated a key provision of the 1996 Defense of Marriage Act (DOMA) as unconstitutional based on principles of equal protection. The ruling applies even if the couple lives in a state that does not recognize same-sex marriages. Read More

DOMA Repealed by Supreme Court in a 5-4 Decision

Thursday, June 27, 2013

In a landmark decision issued on June 26, 2013, by the Supreme Court, the federal Defense of Marriage Act (“DOMA”) was held to be unconstitutional as a deprivation of the equal liberty of persons that is protected by the Fifth Amendment. Read More

The United States Supreme Court Has Narrowed the Scope of Liability for Retaliation Claims Under Title VII of the Civil Rights Act of 1964

Tuesday, June 25, 2013

On June 24, 2013, in a 5-4 decision authored by Justice Anthony Kennedy, the Supreme Court held in University of Texas Southwestern Medical Center v. Nassar, that a plaintiff alleging unlawful retaliation for protected opposition to suspected discrimination under Title VII must prove that retaliation was the “but-for” cause of the adverse employment action. Read More