SCOTUS Begins 2026–2027 Term. The Supreme Court of the United States kicked off its 2026–2027 term. The Court will continue to fill its docket in the coming weeks, but it already has several cases that should be of interest to employers (though these cases are perhaps a bit more esoteric than those of the last term, which dealt with matters concerning presidential removal powers and birthright citizenship, among others).
For example, the justices will review a case concerning pleading standards when challenging imprudent investments under the Employee Retirement Income Security Act of 1974. Another case to be heard by the Court addresses whether the United States Constitution prohibits the U.S. Department of Labor’s (DOL) administrative law judges from imposing monetary penalties on employers for H-2A violations following the Court’s 2024 decision involving the U.S. Securities and Exchange Commission.
The justices will also examine whether employees of federally funded educational institutions can pursue employment discrimination claims under Title IX of the Education Amendments of 1972—which allows for quicker access to courts and does not have statutory caps on damages—as opposed to Title VII of the Civil Rights Act of 1964. Finally, the Court will decide whether an employer can raise an affirmative defense for the first time at summary judgment that it has not previously raised without amending its answer.
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