This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
The Board's precedent holds that individual agreements requiring employees to waive their right to proceed collectively violate the National Labor Relations Act.
According to Justice Kagan, the case raises whether Title VII and Section 7 require employers not to interfere with concerted activity, including joint legal actions.
According to Academy of Arbitrators, the Academy of Arbitrators filed an amicus brief supporting the Board’s position that employees may proceed in joint collective representative actions.
Background and question before the Court
According to Chief Justice Roberts, chief Justice Roberts announced that the Court would hear argument in case 16-285 this term.
Justice Kagan asked whether Title VII’s prohibition on discrimination and Section 7’s protection of concerted activity require employers not to interfere with joint legal actions.
Justice Alito asked how to distinguish an agreement precluding class arbitration from other procedural rules limiting collective litigation.
According to Justice Ginsburg, justice Ginsburg inquired about confidentiality agreements that might limit how jointly the parties can proceed.
What each side argues
Petitioner (Epic Systems Corporation and co‑petitioners)
Petitioner argues that the Federal Arbitration Act is not a rule of statutory construction.
Respondents (Jacob Lewis, Stephen Morris, Murphy Oil USA, Inc.)
According to Mr. Ortiz, respondents argue that under Section 7, as long as joint legal action is available in one forum, that is sufficient.
What happened at oral argument
Richard D. Griffin, Esq., appeared on behalf of the petitioner.
Daniel R. Ortiz, Esq., appeared on behalf of the respondents.
What the Court decided
Why it matters
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- a36f2c8de5b3aa7a9044-r1-ce3963c53a937f2b.pdforal argument transcript
Guide generated September 26, 2026. Automated validation accepted this version.