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Sixth Circuit Rejects RFRA Defense and Holds Title VII Bans Anti-Transgender Discrimination

Mar 8, 2018 Alexa Kissinger

Yesterday in EEOC v. R.G. &. G.R. Harris Funeral Homes, the Sixth Circuit held that “Title VII protects transgender persons because of their transgender or transitioning status” as a form of sex discrimination. In comprehensive and unequivocal language, the court also rejected the Funeral Home’s asserted RFRA defense that employing Stephens while she represented herself as a woman would […]

Will the Court Consider the Facts in Janus?

Feb 28, 2018 Andrew Strom

Mark Janus’s lawyers are desperate to have the Court decide Janus v. AFSCME without considering any facts. Janus is an Illinois state employee, who is represented by AFSCME Council 31. Like all other employees in his bargaining unit, he is required to pay fair share fees to the union to cover the costs of providing […]

Coverage After the Janus Oral Argument

Feb 28, 2018 Maddy Joseph

The Supreme Court heard oral argument on Monday in Janus. Analyses report that, as expected, there were pointed questions for AFSCME and Illinois by Justices Alito and Kennedy; the four liberal justices took every opportunity to highlight the potential effects of overruling Abood on collective bargaining and the ability of governments to manage their workforces. Justice Gorsuch was […]

Board Vacates Hy-Brand, Raising More Questions

Feb 27, 2018 Sharon Block

Yesterday, the National Labor Relations Board vacated its December decision in Hy-Brand Industrial Contractors. (Ben and Sharon had called for this action in OnLabor last week here and here.) The Board’s unusual action follows a finding by the Board’s Inspector General that Member Bill Emanuel should have recused himself from participation in the case. The […]

Janus Oral Argument Transcript

Feb 26, 2018 Maddy Joseph

The Supreme Court has posted the transcript of this morning’s oral argument in Janus. Notably, Justice Gorsuch, expected to be the deciding vote, did not speak during the argument. We’ll have more coverage of the oral argument later this week.

En Banc Second Circuit Holds Title VII Protects Workers Against Discrimination Based On Sexual Orientation

Feb 26, 2018 Alexa Kissinger

Earlier today in Zarda v. Altitude Express Inc., the Second Circuit ruled en banc that discrimination based on sexual orientation violates Title VII. Chief Judge Robert A. Katzmann wrote for the majority and was joined, in part or completely, by nine other judges. Three judges penned dissenting opinions. The majority held that “sexual orientation discrimination […]

The NLRB Should Withdraw Hy-Brand . . . AND!

Feb 22, 2018 Sharon Block

To start, I completely agree with everything Ben wrote about the need for the NLRB to withdraw the Hy-Brand decision because of Member Bill Emanuel’s improper participation in the decisionmaking process. My only departure is that I don’t think Ben’s call for action goes far enough. The Board should not only take Ben’s advice to […]

The NLRB Should Withdraw Hy-Brand

Feb 21, 2018 Benjamin Sachs

As Bloomberg and Law360 report, the NLRB’s Inspector General (IG) has concluded that Board member William Emanuel should have been recused from Hy-Brand Industrial Contractors – the decision that overruled Browning-Ferris and retreated on the definition of joint employer. The essence of the IG’s report is that “the manner in which the former Chairman marshaled Hy-Brand through the Board’s deliberative process effectively […]

Using History to See the Glass Part Full in Janus v. AFSCME

Feb 21, 2018 Sophia Z. Lee

Janus v. AFSCME will soon decide the constitutional fate of fair-share fees for public sector unions. These fees support unions’ collective bargaining work on behalf of employees they are legally required to represent but who are not union members. Most prognosticators expect the Supreme Court to hand the National Right to Work Legal Defense Foundation (NRTWLDF) a win on its claim that such fees violate the First Amendment rights of non-union workers. Yet, as I develop further below, the history that led to Janus offers three thin rays of hope to the labor movement.

Weekend News & Commentary — February 10-11, 2018

Feb 11, 2018 Suzanne Schlossberg

Jon Steingart at Bloomberg Law details how the GrubHub litigation could find new legs at the trial court level. Magistrate Judge Jacqueline Scott Corley of the U.S. District Court for the Northern District of California held on Feb. 8 that former GrubHub delivery driver Raef Lawson was not an employee as Lawson had contended. Judge Coreley […]

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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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