Analysis and Commentary on Employment Law

The Thin Pink Line: Policing Gender at Every Corner

Hofstra University law professors Joanna L. Grossman and Grant M. Hayden explain how recent controversies over same-sex marriage, transgender use of bathroom, and differentiated high school graduation attire for males and females reflect a collective unwillingness to blur gender lines. Grossman and Hayden further describe how these controversies are really simply part of a larger game of gender oppression.

Protection Against Sexual Harassment Is Alive and Well in the Sixth Circuit

Hofstra University law professor Joanna Grossman comments on a recent decision by the U.S. Court of Appeals for the Sixth Circuit, in which the court affirmed a jury verdict in favor of a sexual harassment plaintiff. Grossman describes the facts leading up to the case and explains why the jury and the appellate court came to the correct conclusion as a matter of fact and law.

Course Correction: Young v. United Parcel Service Makes Courts Focus on Right Issues, but Also Reveals Limits of PDA

Hofstra University law professor Joanna Grossman discusses the effect that the U.S. Supreme Court’s decision in Young v. United Parcel Service has had on cases arising under the Pregnancy Discrimination Act (PDA), as well as the limitations of that decision. Grossman argues that while the decision helped give effect to the intended purpose of the PDA, it did not and could not expand the scope of the statute, which is what is now needed to adequately protect pregnant workers.

Have Democrats Rediscovered Unions Too Late?

Neil H. Buchanan, a law professor and economist at George Washington University, comments on the recent trend of mainstream liberal opinion makers to express public support for labor unions. Buchanan explains the tumultuous history of liberals and labor unions, and he wonders whether this overdue support is too little too late, in light of a case currently before the U.S. Supreme Court.

A Minimum Wage of Zero

Chapman University law professor Ronald Rotunda questions the practice of both the Hillary Clinton Campaign and Supreme Court Justice Sonia Sotomayor to employ unpaid interns. Rotunda argues that in both instances, the interns do not receive the type of training or education from the experience that is required in order for an unpaid internship not to violate federal labor laws.

Afterbirth: The Supreme Court’s Ruling in Young v. UPS Leaves Many Questions Unanswered

Hofstra University law professor Joanna Grossman and University of Pittsburg law professor Deborah Brake continue their discussion of the U.S. Supreme Court’s decision in Young v. UPS, in which the Court held that a pregnant UPS driver who was denied a light-duty accommodation that was routinely made available to other employees with similar lifting restrictions should have the opportunity to prove that the employer’s denial was discriminatory.

Forceps Delivery: The Supreme Court Narrowly Saves the Pregnancy Discrimination Act in Young v. UPS

Hofstra University law professor Joanna Grossman and University of Pittsburg law professor Deborah Brake discuss the U.S. Supreme Court’s recent decision in Young v. UPS, in which the Court resolved some issues over the scope of the Pregnancy Discrimination Act. In a second column, Grossman and Brake will comment on the implications of the ruling on other aspects of employment discrimination law.

If She Don’t Win It’s a Shame: Female Executive Sues New York Mets for Pregnancy Discrimination

Hofstra University law professor Joanna Grossman and University of Pittsburg law professor Deborah Brake comment on a recent lawsuit filed by Leigh Castergine against her former employer, the New York Mets, alleging pregnancy discrimination. Grossman and Brake argue that based on Castergine’s allegations, she is likely to prevail in her case; however, they describe the inconsistent results in many seemingly similar pregnancy discrimination cases across the country.

Academic Freedom in the Salaita Case

Cornell University law professor Michael Dorf discusses a recent decision by the University of Illinois at Urbana-Champaign to revoke an offer to Steven G. Salaita of a tenured faculty appointment after Salaita tweeted strong criticism of Israel’s conduct in Gaza. Dorf explains why the University’s decision presents serious issues of academic freedom and free speech, and even contract law.

Hard Labor: New Pregnancy Discrimination Guidance From the EEOC

Hofstra University law professor Joanna Grossman discusses the Equal Employment Opportunity Commission (EEOC)’s new Enforcement Guidance on pregnancy discrimination. Grossman provides an overview of the Pregnancy Discrimination Act of 1978, as well as a history of courts’ treatment of pregnancy discrimination claims. She describes how the new Guidance clarifies the Act and serves to help pregnant women begin work, continue working, and return to work throughout the reproductive process.

The Lessons of the New Mississippi RFRA that Shed Light on the Hobby Lobby and Conestoga Wood Cases Pending at the Supreme Court

Justia columnist and Cardozo law professor Marci Hamilton argues that the effects of Mississippi’s recent passage of a Religious Freedom Restoration Act (RFRA) should inform the U.S. Supreme Court as it presently considers two cases arising under the federal RFRA, Hobby Lobby and Conestoga Wood. Hamilton points out that the new Mississippi law has ignited major conflict between businesses that simply want to do business with willing customers and those who want to impose their beliefs on employees and customers. Hamilton cautions that if the Supreme Court makes the federal RFRA’s language to applicable to organizations like Hobby Lobby and Conestoga Wood, it will surely cause national unrest.

A Limiting Principle for the Donald Sterling Case

Justia columnist and Cornell law professor Michael Dorf proposes a limiting principle to explain the NBA’s treatment of LA Clippers owner Donald Sterling. Dorf argues that if private speech can be the basis for employment decisions generally, then Sterling’s example could be highly problematic. If, however, Sterling is understood as having created a hostile work environment under Title VII of the federal Civil Rights Act, then the potentially broad and troubling employment implications of disciplining private speech are appropriately curtailed.

Undue Burden: New York City Police Officer Denied Opportunity to Take Sergeant’s Exam Because She Was Due to Give Birth the Same Day

Justia columnist and Hofstra law professor Joanna Grossman comments on a charge of discrimination filed against the City of New York for an allegedly unlawful testing accommodation policy. Grossman describes the facts alleged in the charge: an NYPD police officer was denied the opportunity to reschedule a sergeant’s exam despite that she was scheduled to give birth on the same day as the exam. Grossman then discusses the applicable laws, and she argues that the discriminatory policy is a manifestation of the erroneous mindset that pregnancy is a condition not worthy of even minor accommodation.

Meet our Columnists

Vikram David Amar
Vikram David Amar

Vikram David Amar is the Dean and Iwan Foundation Professor of Law at the University of Illinois Col... more

Neil H. Buchanan
Neil H. Buchanan

Neil H. Buchanan is an economist and legal scholar, a Professor of Law at The George Washington Univ... more

Sherry F. Colb
Sherry F. Colb

Sherry F. Colb is Professor of Law and Charles Evans Hughes Scholar at Cornell University. Colb teac... more

John Dean
John Dean

John Dean served as Counsel to the President of the United States from July 1970 to April 1973.  Bef... more

Michael C. Dorf
Michael C. Dorf

Michael C. Dorf is the Robert S. Stevens Professor of Law at Cornell University Law School. He has w... more

Joanna L. Grossman
Joanna L. Grossman

She is an expert in an expert in sex discrimination law. Her most recent book, more

Marci A. Hamilton
Marci A. Hamilton

Marci A. Hamilton is one of the leading church/state scholars in the United States and the Paul R. V... more

David S. Kemp
David S. Kemp

David S. Kemp is an attorney, writer, and editor at Justia. He received his B.A. in Psychology from... more

Joseph Margulies
Joseph Margulies

Mr. Margulies is a Professor of Law and Government at Cornell University. He was Counsel of Record i... more

Anita Ramasastry
Anita Ramasastry

Anita Ramasastry is the UW Law Foundation Professor of Law at the University of Washington School of... more

Ronald D. Rotunda
Ronald D. Rotunda

Ronald D. Rotunda is the Doy & Dee Henley Chair and Distinguished Professor of Jurisprudence, at... more