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Tag:Seventh Circuit

Demkovich: A “Constitutional Shelter” from Employment Discrimination Laws

Jul 13, 2021 Rachel Casper

On Friday, in Demkovich v. St. Andrew the Apostle Parish, the United States Court of Appeals for the Seventh Circuit held that the ministerial exception applied to a ministerial employee’s hostile work environment claims brought under Title VII and the ADA. The decision expands the ministerial exception beyond tangible employment actions and into the realm […]

September 29, 2020
News & Commentary

Zachary Boullt

On Sunday, September 27, the Little Rock Education Association announced that its member teachers would not be showing up for in-person classes and would instead be switching to virtual learning. The union cited failures of the schools to comply with COVID safety plans, such as students and teachers not wearing masks, face shields not being […]

Collective Action Notice Requirements: The Next Hurdle in the Arbitration Fight

Apr 30, 2020 Alisha Jarwala

Following the Supreme Court’s decision in Epic Systems Corp v. Lewis, which upheld employer use of class and collective action waivers, plaintiffs’ lawyers have turned to filing hundreds or thousands of simultaneous individual arbitrations against employers. This strategy can pressure companies to change arbitration policies or to settle claims, because large numbers of individual arbitrations […]

Untethered Textualism in the Seventh Circuit’s Kleber Ruling on Age Bias in Hiring

Mar 26, 2019 Samuel Estreicher

Textualism in statutory interpretation is a good thing because, as the late Justice Antonin Scalia repeatedly and wisely cautioned, legislators vote on text, not diffuse emanations of policy discernible only to (certain) judges and academics; in statutory cases the court’s ruling must be based on a reasonable interpretation of the text. But a judge can […]

April 25, 2017
News & Commentary

Jon Weinberg

The Supreme Court will soon be presented with the opportunity to decide whether unions can constitutionally charge non-members “fair share” fees. According to Bloomberg BNA, “the National Right to Work Legal Defense Foundation intends by the end of May to file a petition asking the high court to review a Seventh Circuit decision dismissing a lawsuit […]

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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Demkovich: A “Constitutional Shelter” from Employment Discrimination Laws

September 29, 2020

Collective Action Notice Requirements: The Next Hurdle in the Arbitration Fight

Untethered Textualism in the Seventh Circuit’s Kleber Ruling on Age Bias in Hiring

April 25, 2017