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What I’ve Been Reading This Week


There are always a few good articles I come across throughout the month which are particularly noteworthy.  In particular, the case currently working its way through the U.S. Supreme Court that addresses whether LGBTQ workers fall within an already pre-defined protected class (and therefore ‘qualify’ as an aggrieved party that can bring a discrimination claim against their employer if they are discriminated against) has the potential to flip things on their head...depending how the Court rules on the matter.  The below article from Bloomberg is well worth a read.

As always, below are a couple articles that caught my eye this week.


NLRB Advice Memo: Employer Cannot Require Employees Use Their Real Names on Social Media

Earlier this month, the National Labor Relations Board (“NLRB”) published an advice memo in which it found that employers are barred from implementing policies that require employees use their real names when using social media.  The issue came about as a result of CVS having a policy in place that requires its employees use their real names on social media when discussing their employment.  However, this policy was found to have imposed a significant burden on an employee’s Section 7 Rights under that National Labor Relations Act, this that these type of social media policies are improper.


Justice Department Pushes EEOC to Change LGBTQ Position

In recent weeks, the President Donald Trump era Department of Justice has continued pushing the Equal Employment Opportunity Commission (“EEOC”) to reverse its stance on LGBTQ discrimination in the workplace.  Currently, the EEOC maintains the same position it had when President Barack Obama was in office:  Employers are banned from discriminating against LGBTQ employees as this is held to be a form of sex discrimination.  However, the Department of Justice is attempting to pursuade the EEOC to support the notion that Congress did not intend for LGBTQ workers to fall within the protected scope of anti-discrimination laws when legislation was previously passed.  With an upcoming case set for oral arguments before the Supreme Court on October 8th on this very topic, this is one to keep a close eye on going forward.


Alabama’s Equal Pay Law Set to Go Into Effect September 1st

This coming Sunday, Alabama will become the 49th state to have enacted an equal pay law for workers in the state.  The law, a long time coming, will now provide employees that have been discriminated against because of their gender or race, an option to sue under this Alabama state law as well as federal law.

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