Don Schroeder Comments on SCOTUS Request for Federal Input on Employment Discrimination Lawsuit Triggers

13 January 2023 Law360 News

Foley & Lardner LLP Partner Don Schroeder is quoted in the Law360 article, “4 Key Points As Justices Eye Threshold For Title VII Suits,” discussing the U.S. Supreme Court’s recent call for the federal government’s input on two petitions questioning what kind of actions can trigger an employment discrimination lawsuit.

Schroeder explained that because of its frequently stated position, it would be a surprise if the federal government does not respond to the request by pushing for a review of either or both of the petitions lodged.

"I think ... that it's likely that they will request review. But I don't know that that's going to sway the Supreme Court to actually take these cases up," Schroeder said.

"The real issue is [if] this Supreme Court [is] going to really consider expanding the scope of what would be considered an adverse employment action or just blowing up that prima facie element to be any change in terms and conditions of employment. And I don't see the Supreme Court being receptive to that," Schroeder added.

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