While some matters get all the headlines, the work of the state and federal courts move on. One such case came out earlier this week and I highlight it because it touches on a point that employers sometimes lose sight of — the ability to still make subjective decisions and have that decision supported by
Are We Talking About Race in the Workplace or Are We “Cowards”? AG Holder’s Compelling Speech
Yesterday, I had seen some headlines at first about Attorney General Eric Holder’s comments discussing race, but had simply glossed over them. After all, it was a busy workday and well, was there going to be anything new?
But by late in the day, I received an e-mail from a former law professor of mine. …
U.S. Supreme Court Rules that Retaliation Claims Can Be Brought Under Section 1981
The U.S. Supreme Court today, in CBOCS West Inc. v. Humphries, ruled 7-2 that the Civil Rights Act of 1866 — now codified at 42 U.S.C. 1981, prohibits retaliation against an individual who complains of discrimination against others, when contracting rights are at stake. It is an issue that often arises in workplace…
U.S. Supreme Court to Hear Oral Argument on Two Retaliation Cases
As with other U.S. Supreme Court cases this term, there’s been more virtual ink spilled this week over two oral arguments scheduled for the U.S. Supreme Court this week that will examine some of the parameters of when it is illegal for an employer to retaliate against an employee for complaining about discrimination. For most employers, however, these cases…