Supreme Court
Supreme Court’s Decision on Arbitration of Statutory Discrimination Claims Under Collective Bargaining Agreement Will Have Little Real World Effect
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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, [...]
Lilly Ledbetter Fair Pay Act Signed by President Obama
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 timely charge of discrimination. The Ledbetter Fair Pay Act directly overrides this much-criticized Supreme [...]
Court Upholds Nonrenewal of Teacher Contract Over MySpace Activity
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 is usually the case with such issues, legal “experts” like myself have been forced to make [...]
Do’s and Don’ts of Hiring an Independent Contractor
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 ways to increase their independence, decrease their commutes and overall to increase their quality of life. [...]
Four Supreme Court Employment Decisions in One Day!
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 to consider in ruling on ERISA plan claims denials; California regulation of union-related activities of state-funded employers ispreempted by National Labor Relations Act.
Supreme Court Implies Retaliation Prohibition Twice in One Day
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 prohibit retaliation for opposing such discrimination, though it contains no reference whatsoever to retaliation.
The decisions are not earthshaking in their practical impact. But they are noteworthy for showing solid Supreme Court majorities willing to: (1) decide employment cases in favor of employees; (2) look well beyond a conservative text-based reading of a law; and (3) apply Supreme Court decisions decided by earlier, more liberal Courts, even if they do not agree with such decisions.
Senate Blocks Ledbetter Fair Pay Act
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 is Part I of a two-part series on the Ledbetter case and why legislation to overturn it is not urgent and perhaps unwise.
Supreme Court Punts Sprint “Me Too” Evidence Case Back to Lower Court
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 against.
The trial court had excluded such evidence at trial, and Sprint had prevailed. On appeal, two Tenth Circuit judges voted to reverse and order a new trial on the basis that the trial court should have allowed this evidence, but the third judge on the panel wrote a strong dissent supporting its exclusion.
The Supreme Court reversed, sending the case back to the trial court for further explanation of its exclusion of the “me-too” evidence. Its brief and unanimous opinion failed to provide a clear answer. Instead, it provided what may be viewed as a non-answer, indicating that “me-too” evidence may or may not be admissible, depending on many factors.
Supreme Court Makes ERISA Sausage
“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., Inc., et al.
The Court upheld the right of an individual participant in a 401(k) retirement plan to sue under ERISA for a breach of fiduciary duty in the plan’s administration.
Right result. But messy and costly process, argumentation, and judicial reasoning to get there (the sausagemaking).
Ledbetter Case: Supreme Court Upholds Time Limits on Title VII Pay Discrimination Cases in 5-4 Decision
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 days of their last paycheck.
The decision on Wednesday [May 29, 2007] in Ledbetter v. [...]
Coca-Cola “cat’s paw” subordinate bias case dismissed on settlement week before Sup. Ct. arguments
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 stated in the Supreme Court docket was:
Under what circumstances is an employer liable under
federal anti-discrimination laws based on [...]
Supreme Court to hear Coca-Cola “cat’s paw” case
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 Co. of Los Angeles v. EEOC, and here’s the decision of the 10th Circuit Court of [...]
Supreme Court Retaliation Decision: How Much Difference Will it Make when the Dust Settles?
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 Court Hears Argument in Retaliation Case”
Having missed my chance to be the first to blog about the [...]
Justice Roberts Sends Strong Message of Supreme Court Unity
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 with a variety of concurrences and dissents (often with respect to only certain parts of the [...]
Two Employment Cases Decided by Supreme Court
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 employment discrimination case was an unsurprising result to me, involving a technical issue not likely [...]
