Early on Wednesday, shortly before the Supreme Court issued its landmark rulings in same-sex marriage cases, I had the fortunate opportunity to return to one of my favorite radio shows, Where We Live. (You can relive my previous experiences here and here, for starters.)
Along with the host, John Dankosky, we spoke at length about the most recent U.S. Supreme Court cases dealing with employment law.
You can listen to the entire program here. (My segment starts around 18 minutes in.)
As I suggested on the show, there are several important takeaways from the court’s decisions.
1) The Court decisions do not bar harassment and retaliation claims from being brought or litigated. But employees will certainly have to meet higher thresholds to get their cases to trial and to win.
2) Unclear at this point, however, is whether these decisions will have any impact on state discrimination laws and cases.
3) The court was clearly concerned with the numbers of retaliation cases being brought. Will the court’s decision have an impact on those cases? In other words, will employees (and their attorneys) still seek to bring retaliation claims unabated? Time will tell.
My thanks again to the staff at Where We Live and the host for his hospitality. Please be sure to listen to them.