Employment and Work

Employment and Work

  • Determined the constitutionality of an affirmative action program targeted at economically and socially disadvantaged small business owners.

  • At issue is delays in the conciliation process for employment discrimination complaints. Women in non-traditional jobs will be particularly harmed by the delays associated with opening conciliation to judicial intervention. Judicial second-guessing of EEOC confidential conciliation deters claims and stymies systemic reform. Congress’ empowerment of the EEOC to pursue claims in its own name and to effect systemic reform without exposing victims is particularly important in non-traditional fields, where retaliation is especially dangerous and female workers are often isolated.

  • Determined whether an organization is considered place of public accommodation when its purpose is to build relationships that would advance leadership skills, and therefore cannot discriminate on the basis of sex.

  • Determined whether Title VII's prohibition against workplace sexual harassment applies to same-sex sexual harassment.

  • This case, the first sexual harassment class action to reach federal court, determined whether the person appointed to determine the damages owed to victims of workplace sexual harassment committed legal errors in his discovery report.

  • Determined whether an employer is liable under Title VII for the acts of an employee whose sexual harassment of subordinates has created a hostile work environment.

  • Determined whether Section 5 of the Fourteenth Amendment authorized Congress to enact Title I of the Americans with Disabilities Act (ADA), to the extent that it allows states to be sued for violating the ADA and allows Congress to enforce the ADA against the states.

  • Determined whether the AFL-CIO violated Title VII by compensating employees in predominantly-female jobs at a lower rate than employees in predominantly-male jobs.

  • The case concerns whether long-term home health care workers employed by third-party agencies are entitled to the federal minimum wage and overtime. The health care industry has challenged Congress’s and the Department of Labor’s efforts to provide overtime and sick leave to home health care workers, who are overwhelmingly women of color and live below the poverty line, even though they work full time. The industry should not be permitted to prevent these women from rising out of poverty.

  • Determined whether a policy that prohibits potentially fertile and pregnant women from participating in occupations that could be detrimental to their reproductive capacities constitutes sex discrimination in violation of Title VII.

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