On June 5, 2025, the U.S. Supreme Court issued a unanimous decision clarifying the evidentiary standard for Title VII disparate treatment claims. The Court held that plaintiffs who are members of a majority group—such as heterosexuals, men, or whites—are not required to meet a heightened evidentiary burden to establish a prima facie case of discrimination.
Latest from Texas Employment Law Update
Texas Commission on Human Rights Act Does Not Shield Employees from Common Law Tort Claims Made by their Co-workers
The case arose from a dispute involving an SMU professor who alleged she was denied tenure due to discrimination and retaliation. In addition to statutory discrimination and retaliation claims against the University, she brought common law claims for defamation and fraud against individual co-workers, based on statements and actions taken during the tenure review process.
U.S. Supreme Court Clarifies Burden of Proof for Employer to Prove Exempt Status
Today, the U.S. Supreme Court unanimously held that “the preponderance-of-the-evidence standard applies when an employer seeks to prove that an employee is exempt from the minimum-wage and overtime-pay provisions of the Fair Labor Standards Act (FLSA).” The Court reversed the Fourth Circuit, which had affirmed the District Court’s use of the “clear-and-convincing-evidence standard” in favor
Texas Court Strikes DOL Rule Increasing Salary Basis Threshold
In an April 2024 final rule that abruptly took effect July 1, 2024, entitled Defining and Delimiting the Exceptions for Executive, Administrative, Professional, Outside sales, and Computer Employees, the Department of Labor amended the Fair Labor Standards Act to require a higher standard salary level for those employees exempt from the Act’s minimum wage and
EEOC Publishes Final Rule Implementing Pregnant Workers Fairness Act
On April 19, 2024, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued a final rule to implement the Pregnant Workers Fairness Act (“PWFA” or the “Rule”). The Rule was published and becomes effective on June 18, 2024.
The PWFA requires covered employers to provide reasonable accommodations to employees with known limitations, including physical or mental
FTC Publishes Final Rule Attempting to Outlaw Most Noncompetition Agreements with Employees
On April 23, 2024, the Federal Trade Commission voted 3-2 to approve a final rule banning all employee noncompetition agreements nationwide. The rule, currently set to go into effect 120 days after publication in the Federal Register (except for the notice provision which is effective earlier), is the result of the FTC’s position that
DOL Publishes Final Rule Raising Salary Basis Threshold for Many Overtime Exemptions
On April 23, 2024, the U.S. Department of Labor published a final rule raising the minimum weekly salary many exempt employees must be paid to qualify as exempt from overtime under the Fair Labor Standards Act. The new rule raises the salary basis threshold for executive, administrative, professional and computer professional exempt employees from $684
U.S. Supreme Court Clarifies When Job Transfers May Violate Title VII of the Civil Rights Act
Today, the U.S. Supreme Court held that a Title VII plaintiff challenging a job transfer that was allegedly ordered because of her sex but did not result in a decrease in pay or benefits may still state a claim for relief if she can show the transfer brought about some harm with respect to an
U.S. Supreme Court Clarifies “Cost” Burden for Employer Showing of Undue Hardship under Title VII
In an important case, the U.S. Supreme Court recently clarified generally the costs or expenditures an employer would have to incur before it can show that a particular accommodation of religious beliefs constitutes undue hardship under Title VII of the Civil Rights Act. In a unanimous opinion, the Court held that an employer denying a
Texas Supreme Court Holds Morbid Obesity, Unconnected to Physiological Disorder or Condition, Is Not a Disability
In a rare employment case issuing from the Texas Supreme Court, the Court held that morbid obesity, without some evidence that it is caused by an underlying physiological disorder or condition, does not qualify as a disability under state ant-discrimination laws. The case arose following the termination of a medical resident who was employed by