At the New York Times, Michael Corkery writes about the allies “Dreamers” find in the business world. The article, which identifies public statements made in support of the Deferred Action for Childhood Arrivals (DACA) program by prominent business figures (e.g. Mark Zuckerberg), is published on the heels of reports that the Trump administration intends to end DACA with a six-month delay.
Further to yesterday’s commentary on the North American Free Trade Agreement (NAFTA) negotiations, Reuters reports that the “Trump administration’s expected demands for U.S.-specific automotive content requirements was emerging as a major obstacle to a deal.” Such requirements would establish that a certain portion of a car’s components be U.S.-made in order to receive duty-free treatment. As the article reports, this would create complications for both Detroit and international auto-manufacturers. The Trump administration has identified reducing the U.S. trade deficit as a “top priority” in renegotiating the Agreement, and the auto sector comprises most of the trade deficit with Mexico.
Last week, the Sixth Circuit held that putting a workplace grievance on hold because the employee files an EEOC charge constitutes retaliation. In Watford v. Jefferson County Board of Education et al., 6th U.S. Circuit Court of Appeals, No. 16-6183, an African American woman and teacher initiated an internal grievance procedure after being fired, claiming discrimination based on her race, sex, and age. She also filed a charge with the EEOC, which, under the terms of the Collective Bargaining Agreement (CBA) between the school board and the teachers’ union, triggered a stay in the internal grievance. The court nonetheless determined that the stay in the internal grievance procedure violated the anti-retaliation provisions of Title VII and the Age Discrimination in Employment Act (ADEA), reasoning that there was “not a material difference” between staying and terminating internal grievance procedures, and the latter had been held to constitute retaliation in 2006 precedent.
In addition to yesterday’s Labor Day roundup of labor-themed writing, check out Senator Elizabeth Warren’s review of the Trump administration’s record with respect to workers and the middle class.
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October 9
Equity and the Broadway League resume talks amid a looming strike; federal judge lets alcoholism ADA suit proceed; Philadelphia agrees to pay $40,000 to resolve a First Amendment retaliation case.
October 8
In today’s news and commentary, the Trump administration threatens no back pay for furloughed federal workers; the Second Circuit denies a request from the NFL for an en banc review in the Brian Flores case; and Governor Gavin Newsom signs an agreement to create a pathway for unionization for Uber and Lyft drivers.
October 7
The Supreme Court kicks off its latest term, granting and declining certiorari in several labor-related cases.
October 6
EEOC regains quorum; Second Circuit issues opinion on DEI causing hostile work environment.
October 5
In today’s news and commentary, HELP committee schedules a vote on Trump’s NLRB nominees, the 5th Circuit rejects Amazon’s request for en banc review, and TV production workers win their first union contract. After a nomination hearing on Wednesday, the Health, Education, Labor and Pensions Committee scheduled a committee vote on President Trump’s NLRB nominees […]
October 3
California legislation empowers state labor board; ChatGPT used in hostile workplace case; more lawsuits challenge ICE arrests