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United States Supreme Court Employment Law Cases 

          All pending employment law cases - click here

U S Supreme Court Employment Law Cases - - Pending and Decided 

Status 

Case Name
Link to summary and briefs

Issue

Decided
February 27, 2008
[Transcript]

Federal Express Corporation v. Holowecki  

Held: An "intake questionnaire" submitted to the EEOC may suffice for the charge of discrimination that must be submitted pursuant to the ADEA. 

Decided
March 25, 2008
[Transcript]

Hall Street Associates, L.L.C. v. Mattel, Inc. 

Held: Contract cannot expand scope of judicial review under Federal Arbitration Act. [Not an employment law case.] 

Decided
February 20, 2008
[Transcript]

LaRue v. DeWolff, Boberg & Associates, Inc.  

Held: ERISA permits a participant to bring an action to recover losses attributable to his account in a “defined contribution plan” that were caused by fiduciary breach. 

Decided 
February 26, 2008
[Transcript]

Sprint/United Management Company v. Mendelsohn  

Held: It is for the trial court to decide whether to admit "me, too" evidence - testimony, by non-parties, alleging discrimination at the hands of persons who played no role in the adverse employment decision challenged by the plaintiff - subject to abuse-of-discretion review. 

Decided 
June 19, 2008
[Transcript]

Kentucky Retirement Systems v. EEOC  

Held: Kentucky's retirement system does not discriminate against workers who become disabled after becoming eligible for retirement based on age.

Decided
February 20, 2008 
[Transcript

Preston v. Ferrer  

Held: The Federal Arbitration Act preempts the California Talent Agencies Act, so an arbitrator decides contract validity. 

Decided
May 27, 2008 
[Transcript

Gómez-Pérez v. Potter 

Held: Age Discrimination in Employment Act (ADEA) Section 633a(a) prohibits retaliation against a federal employee who complains of age discrimination.

Decided
May 27, 2008 
[Transcript

CBOCS West, Inc. v. Humphries  

Held: An employee can state a claim for retaliation under 42 USC Section 1981. 

Decided 
June 19, 2008
[Transcript

Chamber of Commerce v. Brown  

Held: State of California’s regulation of noncoercive employer speech about union organizing, California Assembly Bill 1889, is preempted by federal labor law. 

Decided
June 9, 2008 
[Transcript
Engquist v. Oregon Department of Agriculture   Held: "Class of one" equal protection theory does not apply to public employees. 

Decided 
June 19, 2008
[Transcript

Meacham v. Knolls Atomic Power Laboratory 

Held: An employer defending a disparate impact claim under the ADEA bears both the burden of production and the burden of persuasion for the "reasonable factors other than age" (RFOA) affirmative defense. 

Decided 
June 19, 2008
[Transcript
MetLife v. Glenn  Held: ERISA conflict of interest (administrator both decides claims and pays claims) is a factor when court reviews denial of claim. 

Oral argument
October 6, 2008  
Locke v. Karass Public sector union's use of agency fees to finance litigation outside of the bargaining unit 
Oral argument
October 6, 2008 
Vaden v. Discover Bank  Arbitration: Whether FAA suit arises under federal law. [Not an employment law case.] 
Oral argument
October 8, 2008 
Crawford v. Metropolitan Government of Nashville and Davidson County, Tennessee  Does Title VII's anti-retaliation provision (Section 704(a)) protect an employee from being discharged because she cooperated with her employer’s internal investigation of sexual harassment? 
Oral argument
October? ___, 2008 
Ysursa, Idaho Secretary of State v. Pocatello Education Association  State ban on local government payroll deductions for political activities 
Oral argument
October? ___, 2008 
14 Penn Plaza LLC v. Pyett  Whether arbitration clause in collective bargaining agreement is a waiver of employee's right to sue for violation of anti-discrimination statutes. 
Oral argument
October? ___, 2008 
AT&T Corporation v. Hulteen  Title VII, Pregnancy Discrimination Act: Failure to fully restore service credit for pre-1978 pregnancy leaves 



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