Tuesday, October 2, 2007
It is looking like this might be quite a Supreme Court term for the labor and employment area. Paul has posted on several cases for which the Court has already granted cert. (here, here, and here). Now comes word that the Court is seeking input from the Solicitor General on four other pending cases. Although not certain, asking for a SG brief dramatically increases the odds that the Court will grant cert. The cases involved are described below (links to BNA Daily Labor Report, subscription required):
Meachem v. Knolls Atomic Power Lab., No. 06-1505 -- whether an employee bringing a disparate impact claim under the ADEA has the burden of proving that the employer did not rely on a reasonable factor other than age.
Crawford v. Metro Gov't of Nashville & Davidson County, No. 06-1595 -- whether Title VII's prohibition against retaliation extends to an employee fired for participating in an employer-initiated internal investigation.
AT&T Pension Benefit Plan v. Call, No. 06-1398 -- whether an employer is entitled to deference for its determination that the actuarial assumptions it used to calculate lump-sum distributions were not considered accrued benefits.
Geddes v. United Staffing Alliance Employee Med. Plan, No. 06-1458 -- whether a nondiscretionary standard of review applies in an ERISA action when the benefit plan administrator delegates its discretionary authority to someone who is not a fiduciary.
These are all very interesting issues (even the ERISA ones), so my guess is that most, if not all, will be granted cert. Stay tuned.