SCOTUS adds two new #emplaw cases to docket

The Supreme Court granted certiorari on Friday in two new employment law cases. Of course, we all know what the big one will be next year. But, for the die hards, here are the two new, not-quite-as-hot, topics:

ADEA

First up, Babb v. Wilkie, in which SCOTUSblog describes the issue as:

Whether the federal-sector provision of the Age Discrimination in Employment Act of 1967, which provides that personnel actions affecting agency employees aged 40 years or older shall be made free from any “discrimination based on age,” 29 U.S.C. §633a(a), requires a plaintiff to prove that age was a but-for cause of the challenged personnel action.

Shades of Gross v. FBL in this one (holding that the private sector provisions require "but for" causation).

ERISA

Second up, and again relying on SCOTUSblog for the issues, is Thole v. U.S. Bank, N.A.:

(1) Whether an ERISA plan participant or beneficiary may seek injunctive relief against fiduciary misconduct under 29 U.S.C. § 1132(a)(3) without demonstrating individual financial loss or the imminent risk thereof; 

(2) whether an ERISA plan participant or beneficiary may seek restoration of plan losses caused by fiduciary breach under 29 U.S.C. § 1132(a)(2) without demonstrating individual financial loss or the imminent risk thereof. CVSG: 05/21/2019; and 

(3) whether petitioners have demonstrated Article III standing.

Wow, ERISA and standing in the same case? Will anyone be able to stay awake past the first two pages of the opinion? We'll find out next term.