Lauren Godles is a student at Harvard Law School.
Earlier this week, the Second Circuit held that an openly gay employee may pursue a claim of sex discrimination under Title VII. However, he must proceed on the basis of sex stereotyping, and not sexual orientation. LGBT rights advocates hope the Second Circuit will soon hold that Title VII also prohibits discrimination on the basis of sexual orientation, and they see the concurrence in this case by Chief Judge Katzmann and Judge Brodie as promising. No federal circuit has yet ruled that discrimination “on the basis of sex” under Title VII applies to sexual orientation, but the EEOC has held that it does since its 2015 opinion in Baldwin v. Foxx. (The EEOC filed an amicus brief on behalf of the gay employee in the Second Circuit case.) In the concurring opinion, Chief Judge Katzmann wrote that the court should address the issue in the future, “when the appropriate occasion presents itself.” Advocates have called it a “big step forward” for Katzmann to at least “find compelling” the EEOC’s arguments for Title VII coverage. The employee is reportedly “considering” asking the full Second Circuit review.
The New York Times announced yesterday that robots are winning the race for American jobs. Examining a new paper by economists at M.I.T. and Boston University, the Times reports that in the study of the manufacturing industry, for every robot per one thousand workers, “up to six workers lost their jobs and wages fell by as much as three-fourths of a percent.” While earlier, more conceptual papers predicted that robots would enhance the labor market and create better jobs for humans, this study used real-world data and reached a far more pessimistic result. The authors found that blue-collar men without college degrees were particularly vulnerable. The report comes just as Uber announced it would resume testing its self-driving cars in San Fransisco after grounding the fleet on Saturday in response to an accident.
Uber also released its first diversity report on Tuesday, showing the same general underrepresentation of women and non-Asian minorities as other tech industries. Uber has long been under pressure to release such a report, and its workers played a critical role in convincing the company to publish it. The report is also perceived as an attempt for the company to make amends to investors and the public after a former engineer wrote publicly in February about her experiences with sex discrimination at the company. According to the report, only 36% of Uber’s workforce in compromised of women. Also not looking good for Uber: the fact that it openly refers to its Jewish and Latino employees as “Jewbers” and “Los Ubers.”
A state bill to prohibit minimum wage increases by localities in Iowa has passed in the Iowa House and Senate, with the Governor expected to sign it soon. Supporters of the bill cite “certainty, predictability and uniformity by assuring the same minimum wage statewide,” while opponents argue that it neglects low-income workers in the state. Several counties in Iowa had already raised the minimum wage, meaning that some workers’ raises will now be rescinded. Christine Owens, executive director of the National Employment Law Project, issued a statement declaring that the bill’s passage “marks the first time anywhere in the U.S. that state lawmakers have actually taken away raises from workers who already received them.”
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November 21
The “Big Three” record labels make a deal with an AI music streaming startup; 30 stores join the now week-old Starbucks Workers United strike; and the Mine Safety and Health Administration draws scrutiny over a recent worker death.
November 20
Law professors file brief in Slaughter; New York appeals court hears arguments about blog post firing; Senate committee delays consideration of NLRB nominee.
November 19
A federal judge blocks the Trump administration’s efforts to cancel the collective bargaining rights of workers at the U.S. Agency for Global Media; Representative Jared Golden secures 218 signatures for a bill that would repeal a Trump administration executive order stripping federal workers of their collective bargaining rights; and Dallas residents sue the City of Dallas in hopes of declaring hundreds of ordinances that ban bias against LGBTQ+ individuals void.
November 18
A federal judge pressed DOJ lawyers to define “illegal” DEI programs; Peco Foods prevails in ERISA challenge over 401(k) forfeitures; D.C. court restores collective bargaining rights for Voice of America workers; Rep. Jared Golden secures House vote on restoring federal workers' union rights.
November 17
Justices receive petition to resolve FLSA circuit split, vaccine religious discrimination plaintiffs lose ground, and NJ sues Amazon over misclassification.
November 16
Boeing workers in St. Louis end a 102-day strike, unionized Starbucks baristas launch a new strike, and Illinois seeks to expand protections for immigrant workers