Epstein Becker Green’s Annual Briefing Featured in “High Court Sets Stage for Cert Orders in Title VII Cases”

Law360

Epstein Becker Green’s (EBG) Annual Workforce Management Briefing was featured in Law360, in “High Court Sets Stage for Cert Orders in Title VII Cases,” by Vin Gurrieri. (Read the full version – subscription required.)

Following is an excerpt:

The U.S. Supreme Court will decide as soon as Nov. 30 whether to hear a trio of closely watched discrimination cases that ask the justices to decide if Title VII’s ban on sex discrimination protects gay and transgender employees.

The dockets for the three Supreme Court cases — Altitude Express v. Zarda, Bostock v. Clayton County, Georgia, and R.G. & G.R. Harris Funeral Homes Inc. v. EEOC — were each updated on Nov. 7 with an entry stating that the justices will consider cert petitions in all three matters during its Nov. 30 conference.

The three cases involve questions asking whether Title VII’s existing prohibition against sex bias covers sexual orientation in the Zarda and Bostock cases and gender identity in the funeral home case. …

EEOC acting Chair Victoria Lipnic said during an annual legal conference hosted by law firm Epstein Becker & Green PC on Oct. 25 that all eyes will be on the high court to see how it handles the three cases and what combination of them, if any, it chooses to accept.

“The bottom line is we are all Supreme Court watchers at this point,” Lipnic said. “All of this is going to unfold in the next few months, certainly, with whatever the court decides to do … so stay tuned.”