Skip to main content
Your Employee Matters


By February 1, 2010No Comments

Worklaw Network Member Firm Franczek Radelet’s has provided us with a great summary of recent U.S. Supreme Court cases. Labor and employment-related cases figured prominently in the U.S. Supreme Court’s recently concluded 2008-2009 term. The Court’s conservative Justices continued to play a dominant role, with Justice Kennedy often casting the deciding vote. This trend will probably continue at least through the next term, despite the replacement of Justice Souter by Justice Sotomayor.

During the 2008-2009 term, the Court took these actions:

  • Considered whether an employer’s well-intentioned decision to disregard promotional test results and avoid claims of disparate impact discrimination violated Title VII.
  • Held that “mixed motive”� jury instructions applicable to cases arising under Title VII may not be given in discrimination cases pursued under the Age Discrimination in Employment Act (ADEA).
  • Found that a pension plan qualified as a bona fide seniority system and did not violate the Pregnancy Discrimination Act by giving less credit for maternity leave taken before that law took effect than for other medical leave in calculating pension benefits.
  • Determined that Title VII prohibits retaliation against employees who participate in an employer’s harassment investigation.
  • Held that a collective bargaining agreement can waive employee rights under the ADEA.
  • Found that a local union’s charge of litigation fees to nonmember employees was constitutional.
  • Addressed the constitutionality of a state law that prohibited the use of union dues deducted from public employees’ paychecks for political purposes.
  • Adhered to the plan documents� rule under ERISA requiring that plan administrators follow the express language of plan documents in all but a very few, narrowly defined circumstances.

Read the entire report here.