It would be easy to say that the Supreme Court’s decision on Friday has nothing to do with the workplace and therefore presents no employment law issues.

But such an approach would not only be foolish, it would be wrong.

The full impact of the decision will be felt for an entire generation while a full analysis of the decision’s impact will take some more time too (though my partners have done a great job with one here).  But it’s apparent from the first few reads of the Court’s decision in Dobbs v. Jackson Women’s Health Organization is that it presents a real challenge for employers and is so disruptive in so many ways both for employers and employees.

First, the decision minimizes (at best) or ignores (at worst) the concept of “stare decisis” which is that the Court’s prior decisions become binding precedent — and therefore have meaning.  People can rely on those decisions to predict what will happen next and respect the decision once it gets made.  If the Court undermines that concept, it risks becoming exactly like the much maligned National Labor Relations Board. The NLRB is a federal agency that, some would argue, changes its mind depending on how the Board is composed (whether Democrat majority or Republican).  For example of such a flip flop, see one of my prior posts about the NLRB here.

This is not a good thing; the Rule of Law depends on people having some faith in the institution itself.  If people think the system is rigged to whatever party is in power, then the more likely they will be to minimize its importance or keep fighting until they think the system is in their favor.  Stare Decisis provided some measure of comfort to parties and gave employers the opportunity to plan for the future.Continue Reading Dobbs and the Impact of the Court’s Decision for Employers

The U.S. Supreme Court today ruled that the “ministerial exception” that bars some employment discrimination claims against religious institutions, also bars such claims by elementary school teachers at private Catholic schools.  The case further clarifies an exception that came to prominence back in 2012 and expands the reach of the exception.   I noted then

In the most consequential U.S. Supreme Court case in many years, the Court ruled this morning that Title VII prohibits employment discrimination on the basis of sexual orientation or gender identity.

You can download the 6-3 decision in Bostock v. Clayton County, here.

Connecticut has long prohibited employment discrimination on the basis of sexual

robertsFirst things first. My favorite David Bowie song is “Heroes” (though I remember really being struck by its use in the 2001 movie, Moulin Rouge).

But the Bowie song that comes to mind today for various reasons is “Changes” and how it ties into another big story of the day — an oral argument before

dress1
Probably not appropriate in workplace

I’m not a fan of click-bait, so if you clicked the headline just to know whether your company can still have a dress code policy after the Supreme Court’s decision in EEOC v. Abercrombie & Fitch, the answer is “yes”.

But there’s an important caveat and

The long-awaited EEOC v. Abercrombie & Fitch case was released by the U.S. Supreme Court this morning, reversing the Tenth Circuit’s decision. You can download it here.

For anyone following the case, the decision shouldn’t come as a big surprise.  I’ve talked about the case before here and here.

The main holding of the case