Breaking News

Somewhat significant settlement

The Court had invited the Solicitor General to file a brief on whether cert. should be granted in No. 03-1443, Hill v. Lockheed Martin. That case involves the scope of supervisory liability under Title VII and the ADEA. The Fourth Circuit had held that liability does not attach even when a biased subordinate employee has a substantial influence on an adverse employment action and played a significant role in the decision.

The invitation was issued back in June of 2004, but no brief had been filed by the government; our sources had let us know that the delay was as a result of a possible settlement in the case. Now the settlement has been entered and the petition dismissed, leaving in place the Fourth Circuit’s quite defendant-favorable rule for the time being. Many thanks to the alert reader who noticed the entry of the settlement.