TBA Law Blog

Posted by: Stacey Shrader Joslin on Jun 24, 2013

A sharply divided U.S. Supreme Court today decided two cases that some say will make it harder to sue and get judgments against employers for discrimination and retaliation claims, the Memphis Daily News reports. In the first case, the court defined a supervisor as a person who has the ability to hire and fire, undercutting claims that a company is responsible for the racism or sexism of an employee’s coworker. In the second case, the court said juries must find that an employer would not have taken the alleged discriminatory action but for an intention to retaliate. Justice Ruth Bader Ginsburg, in a rare move, read her dissent aloud in the courtroom and called on Congress to overturn the decisions.