Jottings by an Employer’s Lawyer and Connecticut Employment Law Blog have posts here and here regarding Supreme Court nominee Sonia Sotomayer’s employment law experience and decisions. Pennsylvania Labor and Employment Law Blog has additional information here.
Contributed by Eric A. Welter.Posts Tagged ‘U.S. Supreme Court’
Supreme Court Nominee Update
Tuesday, May 26th, 2009Supreme Court Rules That Arbitration Agreement in Collective Bargaining Agreement is Enforceable
Thursday, April 2nd, 2009In 14 Penn Plaza, LLC v. Pyett, the U.S. Supreme Court held yesterday that “[a] provision in a collective-bargaining agreement that clearly and unmistakably requires union members to arbitrate ADEA claims is enforceable as a matter of federal law.” A copy of the opinion can be found here. More after the break.
Contributed by Eric A. Welter.U.S. Supreme Court Issues Retaliation Decision
Tuesday, January 27th, 2009On January 26, 2009, the U.S. Supreme Court issued a decision in the case of Crawford v. Metropolitan Government of Nashville. A copy of the opinion is here. The Court unanimously held that Title VII’s antiretaliation provision extends to an employee who speaks out about discrimination not on her own initiative, but in answering questions during an employer’s internal investigation. We had previously mentioned the case here. More after the break.
Supreme Court Opinions
Thursday, January 22nd, 2009The U.S. Supreme Court issued two decisions on January 21, 2009, that have employment/labor law implications. Additional case information can be found on SCOTUS blog.
In Fitzgerald v. Barnstable School Committee, the Court held that Title IX of the Education Amendments of 1972 does not preclude the filing of a separate action for alleged unconstitutional gender discrimination in schools. Justice Alito wrote the opinion for a unanimous Court. The opinion is here.
In Locke v. Karass, the Court held that public sector unions may use non-member agency fees for litigation expenses outside the bargaining unit. The opinion is here.
Supreme Court Hears First Employment Case Of Term
Thursday, October 9th, 2008The U.S. Supreme Court heard oral argument yesterday in its first employment case of the term. The Court will decide whether an employee who participates in an internal sexual harassment investigation is protected from retaliation under Title VII. Given the Court’s recent jurisprudence expanding retaliation claims, it is likely they will find such conduct to be protected. A number of blogs have more detailed analysis of the case here and here. Law.com has coverage here.
Supreme Court Recognizes Retaliation Claim Under Section 1981
Tuesday, May 27th, 2008The U.S. Supreme Court held today in CBOCS West, Inc. v. Humphries that 42 U.S.C. section 1981 provides a remedy for claims of retaliation for complaining about discrimination in connection with the making or enforcement of contracts. Section 1981 itself prohibits race discrimination in the making or enforcement of contracts. It has been construed to include employment discrimination claims. Today’s decision opens the door to retaliation claims.
Supreme Court Interprets EEOC Regulations As To What Constitutes A “Charge” Of Discrimination
Wednesday, February 27th, 2008In an opinion issued today, the U.S. Supreme Court found that an intake form and affidavit that requested the EEOC to take action on behalf of the complainant constituted a “charge” of discrimination under the EEOC’s regulations. The case is Federal Express v. Holowicki (the opinion can be read here: FedEx v. Holowecki).
Supreme Court Decision On “Me-Too” Evidence Leaves Questions Unanswered
Tuesday, February 26th, 2008The U.S. Supreme Court issued a decision today in Sprint/United Mgmt. Co. v. Mendelsohn, No. 06-1221 (a copy of the opinion is here: Sprint/United v. Mendelsohn). The opinion leaves many questions about the admissiblity of so-called “me-too” evidence unanswered.
