Mackenzie Bouverat is a student at Harvard Law School.
The house is poised to vote on bills aimed at fighting bias in the workplace. The first repeals a Trump-era U.S. Equal Employment Opportunity Commission rule. The rule concerns the EEOC’s conciliation process, which is a means of resolving disputes over allegations of workplace bias after the agency has determined an employer discriminated against an employee prior to the EEOC bringing suit against that employer. If the worker and employer do not reach agreement during this process, the agency can then sue that employer. The rule, finalized in the last days of the Trump administration and now up for repeal, required the EEOC to furnish employers with information during conciliation concerning the agency’s legal position and findings of alleged workplace discrimination, including the identity of harassers or at-fault supervisors and potential class sizes. Workers’ rights groups disapproved of the Trump-era rule, arguing that it disadvantaged workers during settlement negotiations. The second bill is the Protecting Older Workers Against Discrimination Act (H.R. 2062). It aims to make it easier for workers to bring age discrimination suits against their employer, overriding a U.S. Supreme Court standard that generally requires workers to show that age was the sole cause for a negative employment action, rather than a motivating factor.
Zach reported yesterday on the poor working conditions endured by Amazon workers during so-called “Prime Week.” Planning to strike while the iron is hot, the International Brotherhood of Teamsters yesterday announced the “Amazon Project,” a plan to ratchet up efforts to unionize workers at Amazon.com Inc. Tweeting that Amazon workers will “build the power it takes to raise standards,” the union plans to establish a company-specific division targeting workers at the notorious union-buster and logistics giant. “The International Brotherhood of Teamsters recognizes that there is no clearer example of how America is failing the working class than Amazon,” according to a copy of the resolution. “From its start as a book retailer, Amazon has grown to become an e-commerce giant and has disrupted industry after industry and displaced hundreds of thousands of jobs.”
Daily News & Commentary
Start your day with our roundup of the latest labor developments. See all
July 4
The DOL scraps a Biden-era proposed rule to end subminimum wages for disabled workers; millions will lose access to Medicaid and SNAP due to new proof of work requirements; and states step up in the noncompete policy space.
July 3
California compromises with unions on housing; 11th Circuit rules against transgender teacher; Harvard removes hundreds from grad student union.
July 2
Block, Nanda, and Nayak argue that the NLRA is under attack, harming democracy; the EEOC files a motion to dismiss a lawsuit brought by former EEOC Commissioner Jocelyn Samuels; and SEIU Local 1000 strikes an agreement with the State of California to delay the state's return-to-office executive order for state workers.
July 1
In today’s news and commentary, the Department of Labor proposes to roll back minimum wage and overtime protections for home care workers, a federal judge dismissed a lawsuit by public defenders over a union’s Gaza statements, and Philadelphia’s largest municipal union is on strike for first time in nearly 40 years. On Monday, the U.S. […]
June 30
Antidiscrimination scholars question McDonnell Douglas, George Washington University Hospital bargained in bad faith, and NY regulators defend LPA dispensary law.
June 29
In today’s news and commentary, Trump v. CASA restricts nationwide injunctions, a preliminary injunction continues to stop DOL from shutting down Job Corps, and the minimum wage is set to rise in multiple cities and states. On Friday, the Supreme Court held in Trump v. CASA that universal injunctions “likely exceed the equitable authority that […]