Each year the United States Supreme Court accepts 100-150 of the more than 7,000 lower court decisions it is asked to review. The Court’s term runs October through June, and to date, it has accepted just over 50 cases, including a few that may significantly impact employers. Issues to be decided by the Court include whether gay and transgender employees are protected under Title VII of the Civil Rights Act and the type of proof necessary to prove intentional race discrimination. With the retirement of Justice Kennedy last year, the longtime “swing vote” on the Court, and the appointment of conservative Justice Kavanaugh, the Court’s decisions this term will likely favor employers.
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