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Concurrent Session
A Supreme Court Update
In-Person and Virtual Tuesday 03/29/2022 09:30 AM - 10:30 AM   Add to calendar
Workplace Application:
Attendees will hear how the Supreme Court’s recent ideological shift is affecting employers, and how the Supreme Court is addressing important workplace policies, such as DE&I, workplace safety, arbitration, and pension plan administrative fees. 

This session will focus on key employment cases before the Supreme Court this term.

Learning Objectives:

  • Assist attendees in understanding how the Supreme Court’s ideological shift has led to a narrower interpretation of the authority of the administrative agencies to issue regulations and impose obligations on employers.
  • Provide key takeaways from the COVID-19 related litigation decided by the Supreme Court this term.
  • Review the challenges to affirmative action in higher education, and why these cases will likely result in a shift towards a more restrictive interpretation of affirmative action in the workplace.
  • Review the pending case addressing arbitration exemptions under California law.
  • Preview the pending ruling on whether employee retirement plans can avoid costly litigation over administrative fees simply by offering workers lower-cost investment options.


David S. Fortney Photo
David S. Fortney, Co-Founder,
Fortney & Scott