This article contends that Judge Samuel A. Alito Jr., U.S. President George W. Bush's nominee for the Supreme Court, has consistently favored big-business litigants as he has pushed the federal appeals court in Philadelphia, Pennsylvania in a conservative direction. The author reports that Alito has, with few exceptions, sided with employers over employees in discrimination lawsuits and in favor of corporations over investors in securities fraud cases.
The article focuses on the election law cases in the U.S. Supreme Court. In Young v. United Parcel Service examines an employer's obligations under the Pregnancy Discrimination Act that mandates pregnant women be treated the same for all employment-related purposes. Heien v. North Carolina, the issue is whether a police officer's mistake of law can give the reasonable suspicion necessary for a traffic stop under the Fourth Amendment. Another case is T-Mobile South, LLC v. City of Roswell case.
UNITED States. Civil Rights Act of 1991, ANTI-discrimination laws, LABOR laws, LEGAL judgments, ACTIONS & defenses (Law)
Abstract
The article examines the impact of the Civil Rights Act of 1991 (CRA) on employment discrimination litigation in the U.S. Based on a review of Title VII cases, it is discovered that the CRA had a restraining effect on the jurisprudence of the Court since it has been more supportive to the plaintiffs' claims. It also notes that despite this impact, the Court has remained pro-defendant in ideological cases and employment discrimination cases are still more difficult to win than other civil cases.
The article focuses on the need for human resource (HR) professionals to thoroughly examine termination recommendations from supervisors. The U.S. Supreme Court issued a ruling in 2011 on the liability of organizations for hidden discrimination if they approve a discriminatory decision by managers. Information is presented on a wrongful termination case involving financial services holding company U.S. Bancorp.
Published
2013
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