Topic: SCOTUS

NLRB To Supreme Court: A Little Help, Please?

“In Noel Canning v. NLRB, a DC Circuit panel held that President Barack Obama improperly exercised his recess appointment power by nominating a majority of the NLRB in January of 2012 while Congress was technically still in session. The ruling calls into question every action taken by the board in the past year, including many… Read more »

5 Immediate Steps for Businesses Now That Obamacare Upheld

“Although the Act was deemed largely constitutional, issues concerning the implementation and administration of the Act’s various coverage mandates may be litigated in years to come. For example, dozens of Catholic dioceses and schools filed lawsuits in a number of states charging the Act’s contraception coverage requirement violates their rights under the First Amendment to… Read more »

Obamacare Ruled Constitutional: What It Means for You

[Update: for a good understanding of what the decision means sector by sector, start with this analysis by Skadden: Supreme Court Narrowly Upholds Health Reform Law but Limits Congress’ Authority Over States… includes a look at the implications for employers, insurers, hospitals and institutional providers, and drug and device manufacturers.] See below for growing reading… Read more »

Supreme Court Says Separation of Church and State Applies to Hiring Decisions – Confirms “Ministerial Exception”

Are religious institutions (i.e., churches) free to dismiss ministers without regard to federal employment discrimination laws? On January 11, 2012, a unanimous Supreme Court answered that question with a resounding “yes:” “… the Courts of Appeals have uniformly recognized the existence of a ‘ministerial exception,’ grounded in the First Amendment, that precludes application of [employment… Read more »

Who is Liable? Workplace Discrimination, Cat’s Paw Theory, and SCOTUS

“On March 1, 2011, the U.S. Supreme Court held that an employer may be liable for the discriminatory motives of a supervisor who influences but does not make the ultimate employment decision. The Court’s ruling will impact employment discrimination claims where multiple individuals are claimed to have made, caused, or influenced the ultimate employment decision…”… Read more »

Employment Background Checks: Two HR Law Updates

FYI: here are two recent legal updates looking at the tricky issues surrounding employee background checks – what you can look for, what’s out of bounds. The first piece of commentary, by law firm Fisher & Phillips, looks at the U.S. Supreme Court’s January 19, 2011, decision in NASA v. Nelson, with privacy implications that… Read more »