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This is the second of two columns examining decisions of the U.S. Supreme Court during its 2008-09 term impacting the area of labor and employment law. This month we look at decisions regarding whether discarding test results which appeared to disparately impact minorities constitutes unlawful reverse discrimination; the appropriate burden of proof for disparate treatment claims under the federal Age Discrimination in Employment Act (ADEA); whether common law waiver of plan benefits is effective under the Employee Retirement Income and Security Act (ERISA) when the waiver is inconsistent with plan documents; and the proper standard for determining whether a federal court has jurisdiction to compel arbitration under §4 of the Federal Arbitration Act (FAA). Read the first column on this term’s High Court rulings.

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