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In a 5-4 decision that did not get the headlines that its other two major decisions got last week, the U.S.  Supreme Court upheld the use of disparate impact as a basis for bringing a discrimination claim. Although the case involved housing discrimination regulations and investigatory practices, it is of interest to employers. Disparate Impact has been well established as a cause of action in employment discrimination cases, but the conservative wing of the Supreme Court (Anton Scalia primarily) have voiced strong opposition to its use. Many saw the case at hand as a test of the validity of disparate impact as a cause for action.


DOL planning to more than double the salary threshold to qualify for exempt employment status: According to reports, later this week the Department of Labor will propose a rule to raise the salary level below which an employee will be considered non-exempt to $50,400 ($970 per week).

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