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 [...]

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 [...]

The National Labor Relations Board (NLRB) has recently decided two more “supervisor” cases under its new standard. The decisions are in addition to one the Board recently issued that shed some light on the often murky question of which employees are considered supervisors rather than “lead employees” under the National Labor [...]

In one of Justice Samuel Alito’s last opinions for the Third U.S. Circuit Court of Appeals  in Philadelphia before joining the U.S. Supreme Court, he provided us with a view of his reasoning process with respect to employment discrimination claims.
He authored an opinion in a case involving retaliation and hostile work environment claims. The opinion [...]