May 2010

Two unanimous employee-side victories from the Supreme Court -- one under Title VII, the other under ERISA -- demonstrate that fidelity to the legislative text will ordinarily lead to a plaintiff-friendly outcome.Lewis v. Chicago, No. 08-974 (U.S. S. Ct. May 24,...

The D.C. Circuit -- not typically the most active of courts in the EEO arena -- today publishes three Title VII decisions, touching on judicial estoppel, the "single filing" rule, and what constitutes a "materially adverse" action for purposes of retaliation.Moses v....