Maia Usui is a student at Harvard Law School.
Title VII protects LGBT workers from discrimination, a federal appeals court ruled for the first time yesterday. The plaintiff in the case, Kimberly Hively, alleged that she had been fired from her teaching job because she is a lesbian. In an 8-3 decision, the full Seventh Circuit held that “discrimination on the basis of sexual orientation is a form of sex discrimination” prohibited under Title VII. The decision — which LGBT advocates have called a “gamechanger” — makes the Seventh Circuit the highest federal court to reach this conclusion. It comes only weeks after the Eleventh Circuit arrived at a contrary ruling, setting up a circuit split for potential Supreme Court review. The New York Times has more.
AFL-CIO President Richard Trumka blasted Washington for losing sight of workers’ interests, in a public address on Tuesday. Trumka criticized the Trump administration for not fulfilling its campaign-trail promises — he called for more drastic changes to NAFTA than the President’s initial plans suggest — and encouraged workers to bargain with their employers for better wages and better working conditions, “whether [they] have a union or not.” NPR reports.
Yesterday was Equal Pay Day, as noted on the blog. This year it fell on April 4, meaning that women had to work an extra three months to catch up with their male counterparts — only a slight improvement over last year, when Equal Pay Day was on April 12. The Christian Science Monitor looks at the numbers, finding that far too little progress has been made on closing the gender wage gap in the last decade, and that the gap is even larger for women of color.
T-Mobile must shut down its internal employee complaint program, an NLRB administrative judge ruled yesterday. The judge found that “T-Voice” — an internal program that allows company-selected representatives to hear employee grievances — is a labor organization under T-Mobile’s control, making it a violation of the NLRA. The ruling is a win for the Communications Workers of America, which has pursued unionization efforts at T-Mobile for over a decade. Bloomberg reports.
And finally, in case you missed it, Andrew Puzder — President Trump’s failed nominee for Labor Secretary — has a new editorial in The Wall Street Journal this week, arguing that the minimum wage won’t help workers because businesses will turn to automated labor instead.
Daily News & Commentary
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January 14
The Supreme Court will not review its opt-in test in ADEA cases in an age discrimination and federal wage law violation case; the Fifth Circuit rules that a jury will determine whether Enterprise Products unfairly terminated a Black truck driver; and an employee at Berry Global Inc. will receive a trial after being fired for requesting medical leave for a disability-related injury.
January 13
15,000 New York City nurses go on strike; First Circuit rules against ferry employees challenging a COVID-19 vaccine mandate; New York lawmakers propose amendments to Trapped at Work Act.
January 12
Changes to EEOC voting procedures; workers tell SCOTUS to pass on collective action cases; Mamdani's plans for NYC wages.
January 11
Colorado unions revive push for pro-organizing bill, December’s jobs report shows an economic slowdown, and the NLRB begins handing down new decisions
January 9
TPS cancellation litigation updates; NFL appeals Second Circuit decision to SCOTUS; EEOC wins retaliation claim; Mamdani taps seasoned worker advocates to join him.
January 8
Pittsburg Post-Gazette announces closure in response to labor dispute, Texas AFT sues the state on First Amendment grounds, Baltimore approves its first project labor agreement, and the Board formally regains a quorum.