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Category:Supreme Court

Just a Little Pique at the Supreme Court’s Most Recent Term

Jul 25, 2019 Jonathan R. Harkavy

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 class litigation, the term just ended was comparatively tame. […]

Brief Round-up for LGBTQ Employees in Bostock, Zarda, and Harris (Part 5 of 5)

Jul 16, 2019 Jared Odessky

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 August. Military and Veterans The Modern Military Association of America and […]

Brief Round-up for LGBTQ Employees in Bostock, Zarda, and Harris (Part 4 of 5)

Jul 15, 2019 Jared Odessky

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 enactment was broad enough to encompass LGBTQ discrimination. The brief compiles evidence of LGBTQ workers who brought claims under Title VII in […]

Brief Round-up for LGBTQ Employees in Bostock, Zarda, and Harris (Part 3 of 5)

Jul 12, 2019 Jared Odessky

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 that sexual orientation and gender identity discrimination are not forms of sex stereotyping prohibited by Title VII […]

Brief Round-up for LGBTQ Employees in Bostock, Zarda, and Harris (Part 2 of 5)

Jul 11, 2019 Jared Odessky

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 Organizations Writing with respect to Bostock and Zarda, Lambda Legal explains that while most appellate judges to […]

Brief Round-up for LGBTQ Employees in Bostock, Zarda, and Harris (Part 1 of 5)

Jul 10, 2019 Jared Odessky

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 whether Title VII’s bar against employment discrimination “because of . . . sex” extends […]

Progressive Federalism in the Wake of Janus

May 22, 2019 Joe Ruckert

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 not obligate non-consenting public-sector employees to pay “agency” or “fair share” fees to the unions which represented them and negotiated […]

Commentary Round-up for Bostock, Zarda and Harris Cert Grants

Apr 23, 2019 Jared Odessky

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 opportunity to argue an LGBTQ employment discrimination case before the Court with Justice Kennedy on the […]

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 […]

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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Just a Little Pique at the Supreme Court’s Most Recent Term

Brief Round-up for LGBTQ Employees in Bostock, Zarda, and Harris (Part 5 of 5)

Brief Round-up for LGBTQ Employees in Bostock, Zarda, and Harris (Part 4 of 5)

Brief Round-up for LGBTQ Employees in Bostock, Zarda, and Harris (Part 3 of 5)

Brief Round-up for LGBTQ Employees in Bostock, Zarda, and Harris (Part 2 of 5)

Brief Round-up for LGBTQ Employees in Bostock, Zarda, and Harris (Part 1 of 5)

Progressive Federalism in the Wake of Janus

Commentary Round-up for Bostock, Zarda and Harris Cert Grants

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

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