On the latest episode of the Harvard Civil Rights-Civil Liberties Law Review‘s podcast Taking Liberties, Emily Morrow and I spoke to James Esseks, Director of the ACLU’s LGBT & HIV Project, about his thoughts coming out of oral argument for the... More »
During the oral arguments in Bostock v. Clayton County and R&G and G&R Harris Funeral Homes v. EEOC, Justices Alito and Gorsuch gave credence to the contention that the Court would be acting as a legislative body if it ruled that discrimination based o... More »
On Tuesday the Supreme Court heard oral arguments in a group of cases that will determine whether Title VII’s prohibition against discrimination because of sex extends to discrimination because of sexual orientation and gender identity. The unifying theme was... More »
The Supreme Court has posted the transcripts of this morning’s oral arguments in Bostock (consolidated with Zarda) and Harris. Justice Gorsuch said that an interpretation of Title VII favoring LGBTQ workers will result in “massive social upheaval,” but early ... More »
This post concludes our review of the amicus briefs submitted in support of the employers in Bostock, Zarda, and Harris. We will provide coverage of oral argument on October 8. Conservative Legal and Policy Organizations A group of family policy-focused organi... More »
Today we continue our review of the amicus briefs submitted in support of the employers in Bostock, Zarda, and Harris. Businesses and Executives The H.T. Hackney Co., an American wholesale distributor facing a sexual orientation discrimination lawsuit of its o... More »
Yesterday we reviewed the opening briefs for the employers in Bostock, Zarda, and Harris. Today we begin summarizing the amicus briefs submitted in support. Amicus Briefs Religious Groups, Institutions, and Individuals The Council for Christian Colleges and Un... More »
On October 8 the Supreme Court will hear oral argument in Bostock v. Clayton County, Altitude Express Inc. v. Zarda, and R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission. OnLabor previously summarized the opening and amicus ... More »
The upcoming Supreme Court term is already brimming with consequential employment law issues on its argument docket. But fair warning: There is little promise that the Court’s treatment of these issues will advance the cause of workplace justice or please cur... More »
Here is a glimpse at the Supreme Court’s labor and employment decisions for the term that ended in June of 2019. Compared to the carnage of a year ago, when the Janus and Epic double whammy dealt punishing blows respectively to public sector unions and to cla... More »
This post concludes our review of the amicus briefs submitted in support of the LGBTQ employees in Bostock, Zarda, and Harris. We will summarize the opening and amicus briefs submitted in support of the employers when those briefs are available at the end of A... More »
The LGBTQ employees in Bostock, Zarda, and Harris also received amicus support from academics and religious organizations. Scholars and Academics A group of historians argue that the public meaning of sex discrimination in the first decade after Title VII’s en... More »