The Magic Eight Ball – Fisher & Phillips

I found this to be very entertaining (and at times a little ominous). The most encouraging, however, was this one:

Will the Supreme Court Continue to be Kind to Employers?
Magic 8-Ball Says: “It is Most Likely so”

Expect 2008 to see the continuation of a several year trend which has seen the Supreme Court rule in a very pro-business manner. There are more than a few employment cases on the Court’s current docket, all of which will be decided before the end of June 2008, and most analysts forecast positive results for employers.

In Sprint v. Mendelsohn, the Supreme Court is likely to rule that plaintiffs in discrimination lawsuits cannot introduce evidence at trial which would show that managers not involved in the decision challenged at trial might also harbor biased feelings (“me too” evidence).

In Kentucky River v. EEOC, the Court is likely to uphold an employer’s right to use age as a determining factor in a retirement plan, rejecting an ADEA challenge by the EEOC.

And in CBOCS West v. Humphries, the Supreme Court is expected to reject a plaintiff’s argument that they can use Section 1981 (a more liberal statute than Title VII) to bring retaliation claims normally filed under Title VII.

I guess a Magic Eight Ball is as good a way to predict the future of employment law as anything else, yes?

2 Replies to “The Magic Eight Ball – Fisher & Phillips”

  1. I use an HR Magic 8 ball that I got at the SHRM National Convention in New Orleans daily to predict my daily mood.

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