Executive Summary: The recent Supreme Court decision in Kennedy v. Bremerton School District, 142 S. Ct. 2407 (June 27, 2022), is the latest to promote free exercise of speech and religion over all other competing interests. In its June 27, 2022 opinion, the Court’s conservative majority held that the Free Exercise and Free Speech clauses of the First Amendment protect an individual engaging in personal religious observances from government reprisal, even when he does so on school property at a school-sponsored event. Kennedy held that a coach may pray at the 50-yard line after a high school football game. The decision strays from and overturns prior Supreme Court precedent established in Lemon v. Kurtzman, 403 U.S. 602 (1971), adhering to the separation of church and state, one of the United States’ founding principles.
Archives for August 8, 2022
“The Employment Aspects of ESG Reporting,” WorldatWork
Consuela Pinto contributed the article, “The Employment Aspects of ESG Reporting”, to WorldatWork.
Massachusetts Enacts CROWN Act, Prohibiting Discrimination Against Protective Hairstyles
Massachusetts Governor Charlie Baker has signed the Creating a Respectful and Open World for Natural Hair Act (CROWN Act) into law, making Massachusetts the 18th state to enact such a law.
John Remy Discusses Federal Employment Litigation Trends and the Firm’s Ranking on the 2022 Employment Litigation Report
John Remy discusses federal employment litigation trends and Jackson Lewis’ place as a top firm for federal employment law as the firm represented defendants in the second highest number of cases between 2019 and 2021, according to a report from Lex Machina in “Federal Employment Cases Decline Due To COVID, Arbitration,” published by Law360.
Kimya Johnson Discusses How to Build An Effective DEI Program
Kimya Johnson discusses how to build an effective diversity, equity and inclusion program in your company in “Tips for Constructing an Effective DEI Program in Your Organization,” publshed by LexisNexis.
Marlo Johnson Roebuck, Elyse Culberson and Benjamin Wu Author “Michigan Court Upholds Prohibition Against LGBTQ Discrimination”
Marlo Johnson Roebuck, Elyse Culberson and Benjamin Wu author “Michigan Court Upholds Prohibition Against LGBTQ Discrimination,” published by SHRM.
Joy Chin, Laura Mitchell and Christopher Patrick Discuss Emerging Trends in Pay Discrimination Suits
Joy Chin, Laura Mitchell and Christopher Patrick discuss an emerging trend of pay discrimination lawsuits moving toward class action suits focused on an employer’s underlying pay policies rather than an individual employee’s salary in “EEOC Pay Data Collection Was Difficult but Unearthed Inequities,” published by SHRM.
Jeffrey Brecher and Courtney Malveaux Author “More Employment Regs May See ‘Major Questions’ Challenges”
Jeffrey Brecher and Courtney Malveaux author “More Employment Regs May See ‘Major Questions’ Challenges,” published by Law360.
Jackson Lewis Achieves Gold Standard Certification From The Women In Law Empowerment Forum (WILEF)
Nationwide employment law firm Jackson Lewis P.C. is pleased to announce its certification as a Gold Standard Firm by the Women in Law Empowerment Forum (WILEF) for the 11th consecutive year. The WILEF Gold Standard Certification is awarded to firms who have successfully demonstrated that women represent a meaningful percentage of their equity partners, of their highest leadership positions, of their governance and compensation committees, of their most highly compensated partners and that there be meaningful diversity among their women partners.
EEOC muddles along absent Democratic appointees
The Equal Employment Opportunity Commission continues to operate with a working majority of Republican appointees, more than a month after former Chair Janet Dhillon’s term expired.
Gas company to pay $184,000 to worker with cancer fired over COVID risk
A Pennsylvania gas well service company will pay $184,000 to settle claims that it unlawfully fired a longtime employee because his cancer made him more vulnerable to COVID-19, the U.S. Equal Employment Opportunity Commission said on Thursday.
Judge shortens road to decide NFL racial discrimination suit
A judge on Thursday made it likely she’ll rule in weeks rather than months whether NFL Commissioner Roger Goodell gets to decide the merits of racial discrimination claims made by Black coaches against the league and its teams, saying an effort to gather more evidence seems like “an impermissible fishing expedition.”
American workers are becoming less productive. Blame the pandemic.
According to the Labor Department, there was a drop in productivity in the first quarter of the year that saw productivity fall by the most since 1947.
Finding Empathy In The Workplace
A drop of water fell onto the page I had been reading, startling me out of my thoughts.
Black women embrace ‘natural’ hair as employers seek more respectful workplaces
As government officials offer legislation to prohibit discrimination due to hairstyles, Black women are feeling more freedom in the workplace.
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