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Pending in the supreme court.

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Pending in the supreme court. Empty Pending in the supreme court.

Post  JoeC (McGruff) Sun Oct 05, 2008 2:21 pm

McGruff is optimistic because the Roberts Court has a surprisingly good record on employee retaliation claims in such cases as Burlington Northern, CBOCS, and Gomez-Perez. The U.S. Supreme Court is scheduled to open its 2008-2009 term Oct. 6 with six labor and employment law cases awaiting oral argument.

The two First Amendment cases raise questions about whether public employee unions can require nonmembers to pay for extra-unit litigation costs as part of their agency fees and whether a state can prohibit local government employers from allowing payroll deductions for political activities. The justices also will consider whether Title VII of the 1964 Civil Rights Act protects an employee who is fired after she cooperated with her employer's internal investigation by reporting sexual harassment.

A pension benefits case raises the question whether an employer is liable for not giving full service credit to women who took pregnancy leaves before the Pregnancy Discrimination Act required that all temporary disability leaves be treated equally. An Employee Retirement Income Security Act case involves a divorce decree's effect on a beneficiary designation made by a now-deceased employee. The sixth case involves whether an employee covered by a bargaining contract that requires arbitration of employment discrimination claims may sue for such claims.

It is difficult to say how the courts will weigh in, since these issues unlike Burlington Northern, CBOCS, and Gomez-Perez,are not retaliation cases. The courts opinion in Ledbeter v. Goodyear may not have been to my liking but congress is in a position to remedy.
JoeC (McGruff)
JoeC (McGruff)
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