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 »
Today we continue our review of the amicus briefs submitted in support of the LGBTQ employees in Bostock, Zarda, and Harris. Gender and Racial Justice Organizations The National Women’s Law Center and other women’s rights groups argue that any decision holding... More »
Yesterday we reviewed the opening briefs for the LGBTQ employees in Bostock, Zarda, and Harris. Today we begin summarizing the amicus briefs submitted in support, starting with organizations that focus primarily on LGBTQ rights. Amicus Briefs LGBTQ Rights Orga... 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. The question presented in Bostock and Zarda is whethe... More »
When the Supreme Court decided Janus v. AFSCME last year, the five-justice majority invalidated key provisions of collective bargaining agreements governing millions of workers across twenty-two states. Specifically, the Court held that such agreements could n... More »
Yesterday the Supreme Court granted cert in three cases that will decide whether Title VII’s bar against discrimination because of sex extends to discrimination because of sexual orientation and gender identity. Just two years ago, advocates were cheering the ... More »
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 proh... More »
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 sub... More »
Yesterday, Ben and Adrienne sounded a note of caution about the Supreme Court’s opinion in New Prime Inc. v. Oliveira, which in many ways constitutes a rare win for workers at the Court. They found a potential long-term problem for Title VII in the origi... More »