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U.S. Supreme Court,
9th U.S. Circuit Court of Appeals

Oct. 3, 2024

EEOC urges 9th Circuit for clarification on SCOTUS' new discrimination standards

The EEOC has requested the Ninth Circuit to use the Xu v. Lightsmyth Technologies, Inc. case to clarify the Supreme Court's new standard for determining adverse job actions in discrimination cases.

Christopher M. Pardo

Partner, Hunton Andrews Kurth LLP

Email: cpardo@HuntonAK.com

Veronica A. Torrejón

Associate, Hunton Andrews Kurth LLP

Email: vtorrejon@HuntonAK.com

Steven J. DiBeneditto Jr

Associate, Hunton Andrews Kurth LLP

Email: sdibeneditto@HuntonAK.com

Shutterstock

The EEOC is asking the Ninth Circuit to use a case that is currently under appeal to clarify the U.S. Supreme Court's new standard for determining the type of harm that constitutes an adverse job action in discrimination cases by applying that standard to the facts in the case.

Alternatively, the agency charged with applying employment laws would like the Ninth Circuit Court of Appeals to simply find that the lower court in Xu v. Lightsmyth Technolog...

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