We started off with a bang, as SCOTUS issued two wins for employers in what I'll call "pure" employment law cases:
- Second, the Court held that Title VII retaliation claims require "but for" causation as opposed to the lower "mixed motive" (or "motivating factor") standard.
- The Court granted certiorari in Noel Canning. This is technically a constitutional law case about the recess appointment power of the president . . . but the recess appointments in question are NLRB appointments so there are labor issues at play.
- Things were so crazy that SCOTUS granted cert in a Labor Management Act case and I didn't even have an opportunity to blog about it. But check out the SCOTUSblog page for Unite Here Local 355 v. Mulhall (about bargaining away labor rights - employer promised not to oppose union representation and granted union access to its property, and union agreed to forego rights to picket, boycott, etc.).
- We got a decision in Fisher v. Univ. of Texas - Austin, holding that courts must apply a strict version of strict scrutiny when analyzing university affirmative action policies.
- We got two decisions regarding same-sex marriage, including one on Prop 8 and one on DOMA. At first glance, they don't appear to have much of an impact on employers in states that don't recognize same-sex marriages . . . then again, there will be some complications to work through.