Posts Tagged ‘US Supreme Court’
Tuesday, July 15th, 2014
WBI friend Lewis Maltby wrote convincingly in his book, Can They Do That?, that American workers have very few rights. Without a union bargained contract, all rights are owned by management unless state or federal laws provide specific protections. Among the industrialized nations (members of the OECD), US workers have the fewest rights.
Robert Fuller, another WBI friend, speaks and writes eloquently about somebodies and nobodys, the hierarchy in our lives. For him, the issue is rankism. It makes good sense in our nation of ever-expanding income inequality.
From the work of stress guru, Robert Sapolsky, Stanford University professor and researcher, we learn that simply organizing social groups in hiearchical ways with rank playing a role in how all resources are unevenly divided is stressful. Those dominated by others are doomed to lives of ongoing stress. Social subordination generates distress, that in turn, triggers major life-threatening diseases through disruption of the adrenocortical, cardiovascular, reproductive, immunological, and neurobiological systems (Sapolsky, 2005).
Workers bullied by higher ranking bosses (56% of all targets) will find it nearly impossible to avoid contact. That toxic contact is the exposure to stress that causes health harm.
I say all this to put into context the June 30, 2014 decisions by the U.S. Supreme Court (SCOTUS). By majority votes of the conservative-dominated court, the rights of company owners were expanded. The (chief justice) Roberts Court has never ruled against corporate interests.
The two cases decided upon were Sylvia Burwell, Secretary of HHS v. Hobby Lobby Stores, Inc. (13-354) and Conestoga Wood Specialties Corporation v. Sylvia Burwell, Secretary of HHS (13-356) — jointly dubbed the Hobby Lobby decision.
Tags: California Healthy Workplace Advocates, distress, Hobby Lobby, Lewis Maltby, Robert Fuller, Robert Sapolsky, SCOTUS, stress, US Supreme Court
Posted in Bullying-Related Research, Rulings by Courts, Social/Mgmt/Epid Sciences | No Archived Comments | Post A Comment (
Wednesday, June 26th, 2013
The U.S. Supreme Court (SCOTUS) is done for the year. Decisions have been rendered. The court gutted the civil rights movement by neutering the Voting Rights Act (Shame on them!) . The court granted LGBT proponents unprecedented rights (Yea!). Two decisions regarding employment law clearly sided with employers and once again stuck it to working men and women.
Case #1: Retaliation Changed to Suit Employer Defendants
In the Univ of Texas v. Nassar (No 12-484), SCOTUS (in a 5-4 vote on June 24, 2013) limits retaliation claims to situations in which the plaintiff can show that the the only employer motivating factor is the desire to retaliate. Justice Kennedy opined that there are two standards — lessened causation and but-for. In cases where the practice of retaliation was motivated by several factors, one of which was race, color, religion, sex or national origin, lessened causation applies. In reality, many factors do apply. The Court called these “mixed-motive” cases.
In this case, a woman supervisor at the University of Texas Medical School, Beth Levine, MD (pictured on the left), harassed Naiel Nassar, MD, a physician of Middle Eastern descent. Nassar was working at Parkland Memorial Hospital in Dallas and was an Associate Professor at the UT Southwestern Medical Center. In 2004, he inherited a new department head, Levine, known to comment “MiddleEasterners are lazy.” He was promised a post at the hospital even after he resigned his academic job. Nassar’s resignation letter cited Levine’s harassment as the reason. A Dr. Fitz who received the Nassar resignation letter felt he had to defend and exonerate his colleague Levine. Fitz convinced the hospital to withdraw its job offer to Nassar. Nassar filed two claims — discrimination by Levine and retaliation by the University that cost him his hospital position.
The five conservative justices actually stated that the lessening causation standard “could contribute to the filing of frivolous claims.” The opinion cites EEOC statistics about the “nearly doubled” frequency of retaliation claims in the past 15 years. They equate retaliation claims with baseless claims. They seem motivated, on behalf of corporations against which these retaliation claims are filed, to reduce those numbers that bother corporate defendants.
Tags: antidiscrimination laws, Ball State, discrimination, dissenting opinion, employer responsibility, Justice Kennedy, Justice Ruth Bader Ginsburg, Nassar, retaliation, supervisor defined, Title VII, University of Texas, US Supreme Court, Vance, vicarious liability
Posted in Fairness & Social Justice Denied, Rulings by Courts, Tutorials About Bullying, WBI Education, Workplace Bullying Laws | No Archived Comments | Post A Comment (