Monday, June 17, 2013

Employment Law SCOTUS Watch

Update (6/24/2013): We're still waiting on all of the following cases. We should get a cert. decision on Noel Canning at 9:30 am today.

We only have about two weeks left in the current Supreme Court season (or "term" as they call them). Some important employment law cases are still out there, and we should get some news as early as today:
  • Vance v. Ball State (SCOTUSblog page): This one was argued last November and it's not clear what is taking the Court so long. The issue is generally who is a "supervisor" for purposes of employer harassment liability.
  • Fisher v. University of Texas at Austin (SCOTUSblog page): The only other case argued in 2012 that has yet to be decided. This is the huge affirmative action case that's getting a ton of media attention. Technically, it's not an employment case but I take note of any decisions in which the Supreme Court addresses race discrimination.
  • UTSMC v. Nassar (SCOTUSblog page): Recently argued, but we're down to the end of the season so we should get a decision soon. This case will address whether Title VII retaliation claims can be "mixed motive" or instead require "but for" causation.
  • NLRB v. Noel Canning (SCOTUSblog page): This case hasn't even been accepted by the Supreme Court yet, but they have a conference scheduled for June 20th to discuss it. The smart money is on SCOTUS granting certiorari to decide whether President Obama's NLRB "recess appointments" were constitutional.
That's a lot of employment law goodness that should all come out within the next week or two. We could see developments as early as 10 AM this morning. Check out the newly redesigned SCOTUSblog for liveblogging at 10 AM for opinions (9:30 for orders).

UPDATE: The Supreme Court didn't address any of this today (Monday, 6/17/2013) and the next scheduled opinion release date is Thursday. In other words, from this Thursday through next Thursday we should get all of the above (that's a lot to cram into one week!).