Supreme Court To Hear Four Employment-Related Cases During New Term

October 10, 2024

What's New

The docket of the U.S. Supreme Court, which began its 2024-2025 term this week, contains several employment law cases:

Stanley v. City of Sanford, concerning a disabled retiree’s challenge under the Americans with Disabilities Act to a change in retiree benefits that occurred more than 20 years ago. 

E.M.D. Sales v. Carrera, concerning the standard for demonstrating that employees qualify for the Fair Labor Standards Act’s outside sales exemption.

Ames v. Ohio Department of Youth Services, concerning the evidence necessary for a member of a majority group to demonstrate intentional employment discrimination. 

Waetzig v. Halliburton, concerning whether federal procedural rules allow an employee to challenge an unfavorable arbitration award by reopening a discrimination lawsuit that previously was voluntarily dismissed.

What It Means

A ruling in favor of the retiree in Stanley could open the door to increased ADA litigation by former employees.

Most observers expect the Court to clarify in E.M.D. Sales that the normal “preponderance of the evidence” standard applies, but if the Court endorses the tougher “clear and convincing evidence” standard, employers will find it harder to prove that their employees are FLSA-exempt.

In Ames, the Court could abolish the requirement by some circuit courts that a majority group member alleging intentional discrimination must present “background circumstances” showing that a member of a relevant minority group made the adverse employment decision.

A win by the plaintiff in Waetzig will provide employees a new vehicle for challenging an arbitral award.

What You Should Do

Follow CWC as we monitor the outcome of these cases.

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