U.S. Supreme Court

How Amy Coney Barrett’s Appointment Would Escalate the War on Workers

The death of Supreme Court Jus­tice Ruth Bad­er Gins­berg has trig­gered a hasty search by Pres­i­dent Don­ald Trump and Sen­ate Repub­li­cans for a jus­tice to fill the emp­ty seat before the Novem­ber pres­i­den­tial election.  Now Trump has cho­sen Amy Coney Bar­rett, of the two women at the top of his short­list, as his Supreme Court nom­i­na­tion, but she …

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LGBTQ groups vow to extend landmark court ruling beyond workplace

Justice Samuel Alito warned that the ruling “is virtually certain to have far-reaching consequences,” in his dissent from the 6-3 decision. The Supreme Court’s landmark ruling that federal anti-discrimination law extends to gay and transgender workers could usher in a new era of expanded rights for LGBTQ people in areas from housing to health care. …

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Nine Years Later: Why We’re Still Fighting Pay Discrimination

Nine years ago today, then-President Barack Obama signed the Lilly Ledbetter Fair Pay Act into law, restoring working women’s right to sue over pay discrimination. It was the first piece of legislation enacted during his presidency, and he noted the significance of the moment: “It is fitting that with the very first bill I sign…we …

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U.S. Supreme Court Accepts Cert in Dudenhoeffer ERISA Moench Presumption of Prudence Case

Today, the United States Supreme Court granted certiorari in a case where the 6th Circuit found that a company may have breached its fiduciary duties under ERISA by continuing to offer company stock as a retirement plan investment option even after the value of the stock plunged. The case is Fifth Third Bancorp v. Dudenhoeffer, …

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WORST SUPREME COURT ARBITRATION DECISION EVER

So, today, in American Express v. Italian Colors, the U.S. Supreme Court said that a take-it-or-leave-it arbitration clause could be used to prevent small businesses from actually pursuing their claims for abuse of monopoly power under the antitrust laws. Essentially, the Court said today that their favorite statute in the entire code is the Federal Arbitration …

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Supreme Court of the United States to Hear “Ministerial Exception” Case

March 28, 2011, the US Supreme Court granted certiorari in Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC to decide whether the “ministerial exception” applies to teacher at a religious elementary school. [Details, briefs] The Equal Employment Opportunity Commission (EEOC) sued the employer, asserting a retaliation claim under the Americans with Disabilities Act (ADA). The …

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Corporate Rewards: Controlling U.S. Trade Policy

Today, Abraham Lincoln would have to say America’s got a government of the people by the corporations, for the corporations. That’s because American corporations are in control, exercising all the Supreme Court-granted rights and privileges of personhood while shirking all of the responsibilities of citizenship. The proposed trade agreement with South Korea illustrates corporate control of government for profit. Americans hate the FTA that will cost jobs and increase the trade deficit. But corporations, which stand to profit from it, are insisting on its passage and succeeded in spinning the break down of talks in Seoul as a failure for Obama.

“Stay Remarks” Showing Discriminatory Attitudes in the Workplace Can Be Important Evidence of Employer Discrimination

On August 5, 2010, the California Supreme Court issued a unanimous decision concerning the type of evidence a worker can rely upon to prove an employer discriminated against him or her. The Court’s decision concerns the so-called “stray remarks doctrine.” Justice Sandra Day O’Connor coined the term in a 1989 U.S. Supreme Court decision, writing …

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Madeline Messa

Madeline Messa is a 3L at Syracuse University College of Law. She graduated from Penn State with a degree in journalism. With her legal research and writing for Workplace Fairness, she strives to equip people with the information they need to be their own best advocate.