» discrimination

01
July
2020

The United States and Minnesota Supreme Courts issue landmark decisions favoring employees and promoting the public interest

In Bostock v. Clayton County, the United States Supreme Court ruled that the main Federal civil rights statute governing the workplace, Title VII, makes it illegal to discriminate based on sexual orientation or gender identity. The United States Supr… Read More
Read More
10
June
2020

Minnesota Supreme Court updates harassment law in the context of the #MeToo and #TimesUp movements

In a unanimous decision that has reverberations across the nation, the Minnesota Supreme Court recently clarified the legal standards for, and the analysis of, harassment claims. In that case, Kenneh v. Homeward Bound, Inc., the Minnesota Supreme Cou… Read More
Read More
16
March
2020

Trump administration continues to eliminate work protections – but advocates for workplace fairness fight back

The National Labor Relations Board (“NLRB”) once again and recently changed its standard to favor employers over employees. Specifically, the NLRB adopted a new rule to make it more difficult to prove that affiliated companies share culpability f… Read More
Read More
26
December
2019

2019 was a good year for large corporations, but not so much for employees

The year began with the impact of the Trump Administration’s tax “reform” becoming clear. This legislation has amounted to one of the largest redistributions of wealth in the country’s history, giving a windfall to large corporations and extr… Read More
Read More
01
November
2019

As workplace unfairness and economic inequality increase, union support surges

Although the field for the Democratic Party nomination remains large and includes a number of so-called centrist candidates, the field almost uniformly supports progressive policies to address the unfairness and inequality intensifying with each pass… Read More
Read More
01
July
2019

Supreme Court favors gamesmanship over civil rights and fundamental fairness

In Rucho v. Common Cause, and by a narrow 5-4 majority, the Supreme Court turned its back on democracy by allowing States to draw voting districts however they want. The Supreme Court majority so ruled despite understanding the decision means that St… Read More
Read More
01
May
2019

Slim Supreme Court majority again uses arbitration clauses to thwart robust enforcement of workplace rights

Five Justices of the Supreme Court reversed both the District Court and the Court of Appeals in Lamps Plus, Inc. v. Varela to rule that the right to pursue class action claims through arbitration must be clear. In Lamps Plus, an employee (Mr. Frank V… Read More
Read More
09
April
2019

Trump’s DOL and NLRB continue to pursue policies that evidently favor corporations over people

For starters, a little context is in order. During the Obama Administration, both the United States Department of Labor (“DOL”) and the National Labor Relations Board (“NLRB”) reinforced the legal standard for proving that two supposedly sepa… Read More
Read More
04
March
2019

Minnesota Supreme Court overrules itself to declare that workers compensation law no longer bars civil rights claims in the workplace

In Daniel v. City of Minneapolis, the Minnesota Supreme Court reversed course and rejected the legal standard established 30 years ago under employment law in Karst v. F.C. Hayer Co., 447 N.W.2d 180 (Minn. 1989). Before Daniel, and for the past 3 dec… Read More
Read More
02
July
2018

By the slimmest majority, the Supreme Court turns its back on working people and the public interest yet again

In another sharply divided opinion, the United States Supreme Court again disregarded decades of settled law to undercut workplace rights. In Janus v. AFSCME, 5 Justices of the Supreme Court declared that employees in the public sector no longer need… Read More
Read More