Karen Kalzer

US Supreme Court Rules Same Sex Marriage

Employment, Religion

The US Supreme Court has ruled that same sex couples have a fundamental right to marriage protected under the US Constitution. In Obergefell et al v. Hodges, the Court found Constitutional protection under the Due Process and Equal Protection clauses. The vote was 5-4 with extensive dissenting opinions.


Karen Kalzer

Supreme Court Upholds Affordable Care Act – Again

Employment

The Supreme Court of the United States upheld the Affordable Health Care Act for a second time, announcing its decision in King v. Burwell this morning. In short, the Court ruled that individuals who get their health care insurance through exchanges established by the federal governments will be eligible for tax subsidies.


Karen Kalzer

Retaliation Charges Continue to Dominate Discrimination Lawsuits

Employment

The Equal Employment Opportunity Commission (EEOC), the federal agency charged with enforcing our federal discrimination laws, yesterday released its litigation enforcement statistics for fiscal year 2014. The statistics confirm what we have all been observing: retaliation is the most frequently cited basis for discrimination lawsuits.


Karen Kalzer

Employees Granted Email Access for Union Organizing

Employment

The National Labor Relations Board continues to make sweeping changes to the electronic workplace in the name of protecting concerted activities, specifically, union organizing. The NLRB’s impact on social media policies will be one of the issues we are examining in the Top 10 Employment Issues for 2014 (look for the Top 10 in January). […]


Washington Supreme Court Clarifies the Elements of Age Discrimination Suits in Washington

Employment

Recently, the Washington Supreme Court clarified that, under Washington’s Law Against Discrimination (WLAD), an employee may bring an age discrimination case to trial if he or she can state a prima facie case and show there are genuine issues of material fact about whether discrimination was a substantial factor motivating the employer’s adverse employment action.