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Category:From Guest Contributors

Supreme Court Grants Cert in Title VII Sexual Orientation and Gender Identity Cases

Apr 22, 2019 Adrienne Spiegel

This morning the Supreme Court granted certiorari in three cases: Bostock v. Clayton County; Altitude Express, Inc. v. Zarda; and R.G. & G.R. Harris Funeral Homes v. EEOC. Bostock and Zarda are consolidated and present the question whether Title VII’s prohibition on discrimination “because of sex” covers discrimination because of sexual orientation. Harris Funeral Homes […]

Criminal Background Checks and Disparate Impact: An Argument for Reform

Apr 22, 2019 Joe Ruckert

Amazon is currently defending itself in a class action alleging racial discrimination. In 2016, the company implemented a stricter background check policy for subcontracted delivery drivers. As a result of the change, several existing drivers—many of whom were black and Latino—became ineligible for continued employment due to criminal offenses that had previously been overlooked. Amazon […]

Right to Career: Current Arguments in Japan

Apr 19, 2019 Yui Kosako

He used to be a section chief, one of managerial positions, at the Tokyo branch of the Bank of America (“BoA”). He had been working there for more than 30 years. However, due to a drop in revenue at the branch, BoA formulated a new management policy to restructure the organization and cut down on […]

Eighth Circuit Considers Whether Title VII Prohibits Sexual Orientation Discrimination

Apr 18, 2019 Adrienne Spiegel

On Wednesday a three-judge panel of the Eighth Circuit heard oral argument in Horton v. Midwest Geriatric Management, LLC. The case concerns whether Title VII’s prohibition on employment discrimination “because of sex” prohibits discrimination because of an employee’s sexual orientation. The panel’s decision will have significant consequences for Mark Horton – the plaintiff, whose job […]

The DOL’s Proposed Joint Employer Rule: Frances Perkins Would not be Pleased

Apr 17, 2019 Kate Griffith

On April 1, 2019, the U.S. DOL proposed a new interpretation of joint employer liability under the Fair Labor Standards Act (FLSA). DOL’s four-factor test focuses exclusively on whether an entity “actually exercises the power to” hire and fire, supervise and control working conditions, determine rates and methods of payment and maintain employment records. This […]

In California, Legislative Negotiations over the Worker Classification Question Continue

Apr 11, 2019 Marissa Marandola

As OnLabor reported last month, in the wake of the California Supreme Court’s ruling in Dynamex Operations West, Inc., the California State Legislature is considering several bills this session that would address the question of how to determine whether a worker is an independent contractor or an employee under California labor and employment law. The […]

Targeted Advertising and Age Discrimination: An Explainer

Apr 11, 2019 Joe Ruckert

In the age of social media, traditional help-wanted ads have become obsolete. Employers can reach more applicants by advertising for open positions on sites like Facebook than they ever could through newspapers, or even their digital equivalents (such as Craigslist). However, the massive numbers of social media users—approximately two billion on Facebook alone—also pose a […]

Movie Review: Sorry to Bother You is a Modern (Labor) Love Story

Apr 5, 2019 Heylee Bernstein

Boots Riley’s 2018 film Sorry to Bother You follows the journey of Cassius Green, a working-class citizen of a present-day dystopian Oakland. Four months behind on rent, Cash begins a new job as a telemarketer at RegalView. Squeeze, a co-worker and labor organizer, approaches Cash to discuss unionization. Cash initially helps organize, but, after being […]

The Rooney and Mansfield Rules: Diversity Programs in Structurally Different Industries

Apr 3, 2019 Heylee Bernstein

In 2002, civil rights attorneys commissioned a study regarding minority NFL coaches. The study concluded black coaches outperformed white coaches in virtually every objective criterion, and had better records when fired. Between 2000 and 2002, NFL teams hired 21 head coaches, and only two were black. Prompted by the study’s stark conclusions and wanting to […]

Janus, Compelled Speech, and Public Employee Pensions: An Analysis of Sweeney v. IMRF

Apr 2, 2019 Marissa Marandola

On March 19, a federal judge held that the Illinois Municipal Retirement Fund (IMRF) does not violate public employees’ First Amendment rights to free speech and freedom of association by investing their mandatory contributions in companies that indirectly subsidize the anti-union political activities of the American Legislative Exchange Council (ALEC). Municipal employees and their union […]

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OnLabor

Law. Workers. Organizing.

OnLabor is a blog devoted to workers, unions, and their politics. We interpret our subject broadly to include the current crisis in the traditional union movement (why union decline is happening and what it means for our society); the new and contested forms of worker organization that are filling the labor union gap; how work ought to be structured and managed; how workers ought to be represented and compensated; and the appropriate role of government — all three branches — in each of these issues.

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Supreme Court Grants Cert in Title VII Sexual Orientation and Gender Identity Cases

Criminal Background Checks and Disparate Impact: An Argument for Reform

Right to Career: Current Arguments in Japan

Eighth Circuit Considers Whether Title VII Prohibits Sexual Orientation Discrimination

The DOL’s Proposed Joint Employer Rule: Frances Perkins Would not be Pleased

In California, Legislative Negotiations over the Worker Classification Question Continue

Targeted Advertising and Age Discrimination: An Explainer

Movie Review: Sorry to Bother You is a Modern (Labor) Love Story

The Rooney and Mansfield Rules: Diversity Programs in Structurally Different Industries

Janus, Compelled Speech, and Public Employee Pensions: An Analysis of Sweeney v. IMRF