JUDGMENT ISSUED.

Judgment REVERSED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, and Alito, JJ., joined. Kagan, J., filed a dissenting opinion, in which Ginsburg, Breyer, and Sotomayor, JJ., joined.

Argued. For petitioners: Ronald Mann, New York, N. Y. For respondent: Neal Kumar Katyal, Washington, D. C.: and Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)

Reply of petitioners Genesis HealthCare Corporation, et al. filed. (Distributed)

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.

Brief amicus curiae of American Federation of Labor and Congress of Industrial Organizations filed. (Distributed)

Brief amici curiae of The Impact Fund, et al. filed. (Distributed)

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.

Brief amici curiae of Scholars Stephen B. Burbank, et al. filed. (Distributed)

Brief amici curiae of National Employment Lawyers Association, et al. filed. (Distributed)

Brief amici curiae of Service Employees International Union, et al. filed. (Distributed)

Brief of respondent Laura Symczyk filed. (Distributed)

Brief amicus curiae of the United States supporting affirmance filed. (Distributed)

Record from U.S.D.C. for Eastern District of Pennsylvania is electronic.

Record from U.S.C.A. for 3rd Circuit is electronic.

CIRCULATED

SET FOR ARGUMENT ON Monday, December 3, 2012.

Brief amicus curiae of DRI - The Voice of the Defense Bar filed.

Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.

Brief amicus curiae of ACA International filed.

Brief amicus curiae of Equal Employment Advisory Council filed.

Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from counsel for the respondent.

Joint appendix filed. (Statement of Costs)

Brief of petitioners Genesis HealthCare Corporation, et al. filed.

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.

The time to file respondent's brief on the merits is extended to and including October 19, 2012.

The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 30, 2012.

Petition GRANTED.

Motion for leave to file amicus brief filed by DRI - The Voice of the Defense Bar GRANTED.

Motion for leave to file amici brief filed by Chamber of Commerce of the United States of America, et al. GRANTED.

Reply of petitioner Genesis HealthCare Corporation, et al. filed. (Distributed)

DISTRIBUTED for Conference of June 21, 2012.

Brief of respondent Laura Symczyk in opposition filed.

Order extending time to file response to petition to and including May 25, 2012.

Response Requested . (Due April 27, 2012)

DISTRIBUTED for Conference of April 13, 2012.

Motion for leave to file amici brief filed by Chamber of Commerce of the United States of America, et al. (Distributed)

Motion for leave to file amicus brief filed by DRI - The Voice of the Defense Bar. (Distributed)

Waiver of right of respondent Laura Symczyk to respond filed.

Petition for a writ of certiorari filed. (Response due March 28, 2012)

Application (11A570) granted by Justice Alito extending the time to file until February 17, 2012.

Application (11A570) to extend the time to file a petition for a writ of certiorari from January 18, 2012 to February 17, 2012, submitted to Justice Alito.

Genesis HealthCare Corporation, et al., Petitioner, represented by Ronald J. Mann

Laura Symczyk, Respondent, represented by Gary F. Lynch

Laura Symczyk, Respondent, represented by Neal Kumar Katyal

ACA International, Amicus Curiae, represented by Michael D. Slodov

American Federation of Labor and Congress of Industrial Organizations, Amicus Curiae, represented by James B. Coppess

Chamber of Commerce of the United States of America, et al., Amicus Curiae, represented by Mark D. Harris

Chamber of Commerce of the United States of America, et al., Amicus Curiae, represented by Mark David Harris

DRI - The Voice of the Defense Bar, Amicus Curiae, represented by Henry M. Sneath

Equal Employment Advisory Council, Amicus Curiae, represented by Danny E. Petrella

Genesis HealthCare Corporation, et al. v. Laura Symczyk, Amicus Curiae, represented by Anthony Alan Yang

National Employment Lawyers Association, et al., Amicus Curiae, represented by Rebecca M. Hamburg

Scholars Stephen B. Burbank, et al., Amicus Curiae, represented by Jonathan S. Massey

Service Employees International Union, et al., Amicus Curiae, represented by Nicole G. Berner

The Impact Fund, et al., Amicus Curiae, represented by Jocelyn Larkin

the United States supporting affirmance, Amicus Curiae, represented by Donald B. Verrilli Jr.