SCOTUS opens with 3 employment cases

As the US Supreme Court opens its 2023 session on Monday, October 2, certiorari has been granted in three cases dealing with employment law.

Title VII: Muldrow v. City of St. Louis, Missouri [Briefs]
Issue: Whether Title VII of the Civil Rights Act of 1964 prohibits discrimination in transfer decisions absent a separate court determination that the transfer decision caused a significant disadvantage. Oral argument not scheduled.

Whistleblower: Murray v. UBS Securities, LLC [Briefs]
Issue: Whether, following the burden-shifting framework that governs cases under the Sarbanes-Oxley Act, a whistleblower must prove his employer acted with a “retaliatory intent” as part of his case in chief, or whether the lack of “retaliatory intent” is part of the affirmative defense on which the employer bears the burden of proof. Oral argument on October 10, 2023.

Arbitration: Bissonnette v. LePage Bakeries Park St., LLC [Briefs]
Issue: Whether, to be exempt from the Federal Arbitration Act, a class of workers that is actively engaged in interstate transportation must also be employed by a company in the transportation industry. Oral argument not scheduled.