Akers Law Offices, PLLC
Call Us Today to Schedule Your Free Initial Consultation
Charleston: 304-932-4571
Toll Free: 888-689-4893
  • Injured In An Accident?

    Protect your claim. Don’t talk to the insurance company. Don’t sign. Talk to us first.
    Tell Us About Your Accident
  • Suffered Serious Harm?

    You have rights at work, school and on others’ property. We’ll help you enforce them.
    Tell Us What Happened
  • Contact Us Today!

    We are here to help. Even if you just have questions about your rights and options.
    Get Your Free Consultation

Supreme Court dissent claims supervisor ruling dilutes Title VII

A ruling was made this week that has an effect on employment claims involving discrimination or retaliation in the workplace. The decision was made with a 5-4 vote, which means that four justices did not agree with the majority decision in one way or another.

One of those justices was Justice Ruth Bader Ginsburg who wrote the two dissents concerning the issues decided. She wrote that "both decisions dilute the strength of Title VII in ways Congress could not have intended." What was the ruling that brings such concern to the justice?

The ruling involved two separate issues. The first concerned the definition of "supervisor" in these cases. In certain cases, a victim must prove that the discriminatory or retaliatory act was committed by a supervisor. But what qualifies as a supervisor? The Supreme Court ruled this week that one defining difference between a supervisor and a co-worker is the ability to hire or fire employees.

The second ruling involved the proof required for a retaliatory act. The majority ruled that a victim must prove not only that retaliation occurred, but that it would not have happened "but-for" a retaliatory intent from the supervisor.

What does this mean for an employee who believes that they are a victim of either discrimination or retaliation? It means that choosing the right attorney matters. It isn't just about the evidence that could be found, it is about how it is presented. A great attorney understands how evidence works together to satisfy the proof required for a victim to maximize the compensation they may be eligible for. 

Source: The Washington Post, "Supreme Court makes it harder to sue businesses for discrimination, retaliation," June 24, 2013

Get The Legal Help You Deserve. Contact Us Today.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Case Results

  • Lorem ipsum dolor sit amet, donec morbi dolor massa velit mi, etiam nunc etiam libero eu ac augue, sapien venenatis et mattis a tortor.
Read More >


  • Lorem ipsum dolor sit amet, donec morbi dolor massa velit mi, etiam nunc etiam libero eu ac augue, sapien venenatis et mattis a tortor.
Read More >