Archive for the 'U.S. Supreme Court' Category

Federal Inactivity Continues to Spark State Immigration Action

July 29, 2010 at 6:00 am by: Employers State Law Alert

A federal judge blocked parts of Arizona’s new immigration law on Wednesday, the day before the rest of the measure went into effect. But legal challenges are already flying and many are waiting to see what happens next.
Last year, a record number of immigration-related laws were considered and passed in the 50 states. Over 222 [...]

At Age 20, ADA Still Hasn’t Fully Matured

July 28, 2010 at 10:18 am by: Julie Athey

Earlier this week, the Americans with Disabilities Act (ADA) passed a major milestone when it turned 20 years old. Like most 20-year-olds, it (1) didn’t get this far without some growing pains and (2) still has a ways to go before reaching full maturity. Let’s take a look back at where the law began, how [...]

Was Termination Because of Poor Performance or Age Discrimination?

April 22, 2010 at 9:01 pm by: Georgia Employment Law Letter

by Isabella Lee
The Eleventh U.S. Circuit Court of Appeals recently rejected the “same decision” affirmative defense in age discrimination cases following the U.S. Supreme Court’s landmark decision in Gross v. FBL Financial Services. The Eleventh Circuit ultimately decided that employers that use age as a reason for termination cannot seek to dismiss a case before [...]

Do Your Benefit Plans Violate the ADEA?

April 15, 2010 at 9:02 pm by: Virginia Employment Law Letter

by Stephen Stine
We aren’t getting any younger, and neither are your employees. As a result, employers are increasingly having to confront age-related issues that may lead to legal liability. These issues arise not only in the context of hiring and firing decisions but also in the design of benefit plans. To ensure your benefit plans [...]

Male-Male Sexual Harassment Claims on the Rise

March 4, 2010 at 9:00 pm by: Missouri Employment Law Letter

According to the Equal Employment Opportunity Commission (EEOC), sexual harassment charges by men have doubled since 1992, accounting for 16 percent of the 12,696 sexual harassment charges filed in the 2009 fiscal year.
And while female-male sexual harassment certainly makes up some portion of those claims, it’s evident that male-male harassment claims are also on the [...]

Will Gender, National Origin Make a Difference in Sotomayor’s Jurisprudence? – Part 1

June 30, 2009 at 4:31 pm by: Connecticut Employment Law Letter

by James M. Sconzo and James C. Goodfellow
Sonia Sotomayor’s nomination to the U.S. Supreme Court has triggered a classic clash of left versus right. Those speculating on how Judge Sotomayor might rule on key constitutional issues have characterized her as everything from a level-headed jurist who applies the law to the facts of the cases [...]

Will Gender, National Origin Make a Difference in Sotomayor’s Jurisprudence? – Part 2

June 30, 2009 at 4:04 pm by: Connecticut Employment Law Letter

by James M. Sconzo and James C. Goodfellow
Last week, we disussed the overall makeup of the U.S. Supreme Court and the personal background of the High Court’s newest nominee, Sonia Sotomayor. We also looked at Judge Sotomayor’s decision in the discrimination case filed by New Haven, Connecticut, firefighters which was recently overturned by the Supreme [...]

Supreme Court Affirms Arbitration for Union Member Discrimination Claims

June 19, 2009 at 3:43 pm by: Kansas Employment Law Letter

A sharply divided U.S. Supreme Court recently ruled that provisions of a collective bargaining agreement (CBA) that clearly and unmistakably require union members to arbitrate age discrimination claims are enforceable. While the decision is unlikely to affect many employers, the ruling is the latest in a series of Supreme Court decisions finding arbitration to be [...]

Employers See Dramatic Rise in Pregnancy Discrimination Claims

February 13, 2009 at 9:33 am by: Arizona Employment Law Letter

The Pregnancy Discrimination Act (PDA) is back in the news as the U.S. Supreme Court considers whether AT&T violated the Act by paying reduced pension benefits based on uncredited pregnancy leave taken before enactment of the PDA in 1978. That upcoming decision may influence whether companies have to change their [...]

Important Labor and Employment Decisions Pending Before the Supreme Court

January 9, 2009 at 1:11 pm by: Federal Employment Law Insider

The current term of the U.S. Supreme Court provides a reminder that the drafters of the U.S. Constitution deliberately created a tension between continuity of law and responsiveness to changes in the majority’s wishes. We are on the cusp of a complete change in administration, with the likelihood of substantial changes [...]