Supreme Court Term Could Mean More Trouble for Workers
Published on 2008/03/16NSCLC's Harper Jean Tobin gives a preview of what the current Supreme Court term may hold for workers and retirees in the latest post on the Talking Justice blog.
For workers and retirees, the current Supreme Court term may not look so bad – but appearances can be deceiving.
So far, three employment decisions this term have come out well: one concerning the procedures for bringing an employment discrimination suit, another concerning evidence in discrimination suits, and a third that expanded remedies for workers whose 401(k) plans were harmed by mismanagement. The one notable loss has been the 5-3 decision in Stoneridge v. Scientific-Atlanta, which immunized from private suit a broad class of corporate wrongdoers (including most of those responsible for the Enron scandal) whose crimes threaten the security of Americans’ retirements.
As with other areas of its docket, the Court’s employment decisions seem to be lining up with Supreme Court maven Tom Goldstein’s prediction that the ’07-’08 term would give the appearance of a retreat from the Court’s sharp rightward turn last term. But as he noted then, that appearance is largely misleading.
Read the entire post on the Talking Justice blog