Archive for: June, 2019

High Court reverses Oregon finding against bakers and sends case back to lower court for further review

High Court reverses Oregon finding against bakers and sends case back to lower court for further review

The Supreme Court appears reluctant to squarely address the balance between the free exercise of religion and anti-discrimination statutes, or to discuss a claim for hybrid-rights combining "rational basis" free exercise rights with "strict scrutiny" free speech rights.

 
 

Supreme Court rules that Title VII EEOC filing requirements are mandatory but not jurisdictional

Supreme Court of the United States

The Supreme Court issued a ruling on June 3, 2019, in a case (Fort Bend County v. Davis)  involving whether a court may hear a discrimination case where the plaintiff fails to raise all charges in an initial EEOC complaint.  The Court found that the Title VII’s rules are procedural, not jurisdictional, and as such procedural defenses need to be raised early in a case.