Watch for decisions on controversial cases that will affect the way you work and manage employees.
The Supreme Court of the United States (SCOTUS) came back from break this week, and the SCOTUS will be addressing some big employment law issues. Perhaps of greatest interest is a decision related to employment discrimination based on LGBT status. However, there are other issues that you will need to watch in the coming weeks and months. Read on for updates on oral arguments the Court is hearing.
LGBT Protections. Yesterday, the SCOTUS heard two cases focusing on workplace protections for LGBT employees and another one that addresses employment rights based on gender identity. The judges will be considering whether or not Title VII of the Civil Rights Act of 1964 prohibits employment discrimination against LBBT employees. While the Equal Employment Opportunity Commission has stated that LGBT workers are covered under Title VII’s protections, the U.S. Department of Justice (DOJ) has submitted arguments taking the opposite position. DOJ argues that Title VII doesn’t protect workers based on gender identity or sexual orientation. Regardless of what decision the SCOTUS reaches, many states already prohibit employment discrimination against LGBT workers.
Deferred Action for Childhood Arrivals (DACA). The SCOTUS will hear three DACA cases. This, of course, is the program that allows some undocumented immigrants who came to the U.S. as children to temporarily work and not be deported. Two years ago, the Department of Homeland Security (DHS) announced it would end the program; and related cases have been in and out of the courts ever since. The federal government has asked the SCOTUS to decide the legality of ending DACA. Oral arguments are scheduled for November 12.
Employees and benefits disclosures. This involves a case in which a former employee is suing a company for making poor retirement investments on his behalf. While the Employee Retirement Security Act has a three-year limit to file such claims, the employee has argued that he doesn’t recall reading any of the company’s investment information before filing his suit. The SCOTUS will address whether employees who didn’t read benefits disclosures can sue their employers. Oral arguments are set for December 4.
Bias claims. The SCOTUS will hear two cases to consider the standard of proof for federal government workers with claims under the Age Discrimination Act and for race discrimination claims under Section 1981 of the Civil Rights Act. Arguments are set to start on November 13.