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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 20, 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. 

Oral argument
January 9, 2008
[Transcript]

Kentucky Retirement Systems v. EEOC  

Whether any use of age as a factor in a retirement plan is "arbitrary" and thus renders the plan facially discriminatory in violation of the Age Discrimination in Employment Act? 

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. 

Oral argument
February 19, 2008 
[Transcript

Gómez-Pérez v. Potter 

Whether the federal-sector provision of the Age Discrimination in Employment Act Section 15 prohibits retaliation against employees who complain of age discrimination. 

Oral argument
February 20, 2008 
[Transcript

CBOCS West, Inc. v. Humphries  

Whether an employee can state a claim for retaliation under 42 USC Section 1981. 

Oral argument
March 19, 2008 
[Transcript

Chamber of Commerce v. Brown  

Whether the State of California’s regulation of noncoercive employer speech about union organizing, California Assembly Bill 1889, Cal. Gov’t Code §§ 16645.2, 16645.7, is preempted by federal labor law. 

Oral argument
April 21, 2008 
[Transcript
Engquist v. Oregon Department of Justice   Equal protection: Whether "class of one" theory applies to employment cases. 

Oral argument
April 23, 2008 
[Transcript

Meacham v. Knolls Atomic Power Laboratory 

Whether an employee alleging disparate impact under the ADEA bears the burden of persuasion on the “reasonable factors other than age” defense. 

Oral argument
April 23, 2008 
[Transcript
MetLife v. Glenn  ERISA:  Effect on judicial review when administrator both determines and pays claims under an ERISA plan  
Oral argument
October? ___, 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 
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  
Locke v. Karass Public sector union's use of agency fees to finance litigation outside of the bargaining unit 
Oral argument
October? ___, 2008
Vaden v. Discover Bank  Arbitration: Whether FAA suit arises under federal law. [Not an employment law case.] 
Oral argument
October? ___, 2008
Ysursa, Idaho Secretary of State v. Pocatello Education Association  State ban on local government payroll deductions for political activities 

Pending petitions for certiorari we are watching

Petition for certiorari was denied, March 31, 2008  Circuit City Stores v. Gentry   Arbitration: Enforcement of class action waiver  



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