The Federalist Society

Debunking the Myth of a Pro-Employer Supreme Court

November 7, 2008

By any measure, the Court’s recently completed term included a number of victories for employees. Among other decisions, the Court adopted a broad view of a discrimination charge and reduced procedural hurdles employees may face in seeking assistance from the EEOC (Federal Express v. Holowecki); determined that trial courts have discretion to admit “me, too” evidence of non-parties alleging discrimination by persons who played no role in the challenged adverse employment action (Sprint v. Mendelsohn); allowed a participant in an ERISA plan to bring an action to recover losses attributable to an individual account in a defi ned contribution plan (LaRue v. DeWolff ); and recognized a retaliation claim both for Section 1981 actions and under the ADEA’s provision regarding federal employees (CBOCS v. Humphries and Gomez-Perez v. Potter, respectively). The Court heard more employment cases than usual and many of those decisions were favorable to the employee...

Debunking the Myth of a Pro-Employer Supreme Court  


The Federalist Society