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Ministerial Exception to Employment Discrimination Laws Upheld by Supreme Court in Hosanna-Tabor Evangelical Lutheran Church and School v. E.E.O.C.

Written on 11 Jan, 2012 at 22:50

Supreme Court held under ministerial exemption church firing of teacher who is "minister" is not subject to employment discrimination law. ... (Continue reading)

Patient Protection and Affordable Care Act Ruled Unconstitutional — Again

Written on 13 Feb, 2011 at 22:08

Recently, Judge Roger Vinson of the United States District Court for the Northern District of Florida ruled the Patient Protection and Affordable Care Act (“PPACA,” known by its opponents as “Obamacare,” but arguably much more appropriately named “Americare”) unconstitutional. Vinson stated... (Continue reading)

Supreme Court Upholds Claim Alleging Employer Fired Man in Retaliation for Fiancée’s EEOC Charge; Avoids Setting “Bright Line” Rule — Part II, Assessing Thompson Decision’s Significance

Written on 11 Feb, 2011 at 11:55

This week, we analyze the Supreme Court's third-party retaliation decision in Thompson and its ramifications. With perspectives from legal professionals, including this Blawg's Owner George Lenard, we assess views of the Supreme Court, third-party retaliation claims, and... (Continue reading)

Supreme Court Upholds Claim Alleging Employer Fired Man in Retaliation for Fiancée’s EEOC Charge; Avoids Setting “Bright Line” Rule — Part I, the Decision

Written on 31 Jan, 2011 at 5:00

The Supreme Court held that under some circumstances a friend or relative of an employee who complained of discrimination may pursue a claim that they suffered retaliation because of that complaint -- despite not having been the one who made... (Continue reading)

Ricci v. DeStefano, a/k/a The New Haven Firefighters’ Case

Written on 6 Jul, 2009 at 15:41

There’s no way I can get the “scoop” on what has been perhaps the most eagerly awaited Supreme Court decision of the term: Ricci v. DeStefano, No. 07-1428 (June 29, 2009). Since the Court’s 5-4 decision was announced last week,... (Continue reading)

Supreme Court’s Decision on Arbitration of Statutory Discrimination Claims Under Collective Bargaining Agreement Will Have Little Real World Effect

Written on 8 Apr, 2009 at 20:53

I had the honor of being asked to comment on the Supreme Court’s decision in 14 Penn Plaza LLC v. Pyett, for the Jurist. I started with these thoughts: In the academic world, this case will be a law professor’s... (Continue reading)

Lilly Ledbetter Fair Pay Act Signed by President Obama

Written on 30 Jan, 2009 at 6:00

Today (January 29, 2009) President Obama signed into law the Lilly Ledbetter Fair Pay Act, a law named for an Alabama woman who lost her pay-discrimination case at the Supreme Court on the basis that she had not filed a... (Continue reading)

Court Upholds Nonrenewal of Teacher Contract Over MySpace Activity

Written on 11 Nov, 2008 at 22:29

Background I have frequently written and spoken on legal issues relating to the use in employment decisions of applicant and employee Internet activity such as blogging and using social network sites. However, this is a novel legal issue, and as... (Continue reading)

Do’s and Don’ts of Hiring an Independent Contractor

Written on 3 Oct, 2008 at 0:12

Independent Contractor Agreements – A Match Made in Heaven? Today’s employers are watching their bottom line more closely than ever before, including examining the costs associated with maintaining a full time workforce. At the same time, workers are looking for... (Continue reading)

Four Supreme Court Employment Decisions in One Day!

Written on 19 Jun, 2008 at 22:58

Score that employees 2, employers 2. High Court rules: disability retirement program did not discriminate on age; employer has burden of proving reasonable factor other than age in age discrimination disparate impact cases; insurer conflict of interest is factor... (Continue reading)

Supreme Court Implies Retaliation Prohibition Twice in One Day

Written on 28 May, 2008 at 0:19

As we returned from the Memorial Day holiday on May 27, 2008, we were greeted by a pair of Supreme Court decisions with a similar theme: whether a law prohibiting a type of employment discrimination should be interpreted to also... (Continue reading)

Senate Blocks Ledbetter Fair Pay Act

Written on 28 Apr, 2008 at 18:19

Last week Republicans blocked legislation (Fair Pay Act) intended to reverse last year's Supreme Court ruling in Ledbetter v. Goodyear Tire & Rubber Co., widely criticized for making it easier for employers to get away with pay discrimination. This... (Continue reading)

Supreme Court Punts Sprint “Me Too” Evidence Case Back to Lower Court

Written on 16 Mar, 2008 at 21:29

In its recent unanimous decision in Sprint v. Mendelsohn, the Supreme Court largely dodged the tough issue before it: admissibility of "me-too" evidence in discrimination cases -- testimony of other employees who believed they too had been discriminated... (Continue reading)

Supreme Court Makes ERISA Sausage

Written on 27 Feb, 2008 at 0:17

"Laws are like sausages. It's better not to see them being made." Otto von Bismarck This quote came to mind as my fatigued late-night-blogging mind struggled through last week's Supreme Court decision in LaRue v. DeWolff, Boberg & Assoc.,... (Continue reading)

Ledbetter Case: Supreme Court Upholds Time Limits on Title VII Pay Discrimination Cases in 5-4 Decision

Written on 31 May, 2007 at 12:31

In a 5-4 decision that roused the ire of dissenting Justice Ruth Bader Ginsburg, the Supreme Court said employees claiming intentional pay discrimination under Title VII must do so within 180 days of the original discriminatory action — not 180... (Continue reading)

Coca-Cola “cat’s paw” subordinate bias case dismissed on settlement week before Sup. Ct. arguments

Written on 15 Apr, 2007 at 23:07

I’ve written before about the fascinating subordinate bias case that was scheduled for Supreme Court arguments this coming week: Supreme Court to hear Coca-Cola “cat’s paw” case Cat’s paws, rubber stamps, and proof of race discrimination The “Question Presented” as... (Continue reading)

Supreme Court to hear Coca-Cola “cat’s paw” case

Written on 11 Jan, 2007 at 0:45

An AP story on Monday reported that the Supreme Court will hear the Coca-Cola “cat’s paw”case I discussed back in July in a post entitled: “Cat’s Paws, Rubber Stamps, and Proof of Race Discrimination.” The case is BCI Coca-Cola Bottling... (Continue reading)

Supreme Court Retaliation Decision: How Much Difference Will it Make when the Dust Settles?

Written on 26 Jun, 2006 at 23:25

I have twice written on the background leading to last week’s Supreme Court decision in Burlington Northern & Santa Fe Railway Co. v. White, the retaliation case involving a female forklift driver: “High Court to Hear Workplace Retaliation Case” “Supreme... (Continue reading)

Justice Roberts Sends Strong Message of Supreme Court Unity

Written on 26 May, 2006 at 9:17

As a practicing lawyer who reads many Supreme Court cases every year, I know the frustration of trying to draw guidance from decisions by a fractured Court. Such decisions may not only entail a 5-4 ruling, but also be embellished... (Continue reading)

Two Employment Cases Decided by Supreme Court

Written on 27 Feb, 2006 at 0:10

Last week, the Supreme Court decided two employment discrimination cases. One was a surprise — less as to the result than as to the fact it was decided at all and the procedure by which it was decided. The other... (Continue reading)

High Court to Hear Workplace Retaliation Case

Written on 6 Dec, 2005 at 19:05

The Supreme Court has granted certiorari in a retaliation case involving the Burlington Northern & Santa Fe Railway. As reported by Linda Greenhouse of The New York Times, the case raises the issue of whether transferring a woman working in... (Continue reading)

More on Minutes Adding Up Under Recent Supreme Court Fair Labor Standards Act Case

Written on 6 Dec, 2005 at 12:09

In an earlier post, “Those Minutes Add Up: Recent Supreme Court Case Highlights Fair Labor Standards Act Compliance,” I said that although many employers do not confront the specific safety gear issue involved in that Fair Labor Standards Act case,... (Continue reading)

Those Minutes Add Up: Recent Supreme Court Case Highlights Fair Labor Standards Act Compliance

Written on 28 Nov, 2005 at 18:50

Earlier this month, the Supreme Court unanimously held that under the Fair Labor Standards Act (“FLSA”) time spent walking to and from the production floor after putting on specialized safety gear or clothing was required to be counted as time... (Continue reading)