Posts tagged anti-discrimination
Under Trump, Student Labor Organizers Face New Challenges
August 7, 2025 // Anticipating a rollback of recent NLRB precedent, some unions have withdrawn petitions for recognition, looking for other paths to continue their work.
Trump’s stance on unions is what Roosevelt wanted all along
April 11, 2025 // Trump’s executive order, even with its limitations, addresses a longstanding problem in federal governance. The question isn’t whether you support unions or management, but whether you believe the government should prioritize serving citizens over protecting entrenched union interests, regardless of which party controls the White House.
Trump taps EEOC’s Lucas for new term, Morgan Lewis partner for NLRB general counsel
March 25, 2025 // Carey referred a request for comment to Morgan Lewis. The firm's chair, Jami McKeon, in a statement said that Carey's "background, experience, judgment, and training make her highly qualified for this important role, and we are excited for her on this well-deserved nomination.” Lucas, a former Gibson Dunn & Crutcher associate, was first appointed to the EEOC by Trump in 2020. She was a dissenting Republican voice on the Democrat-led board until Trump made her acting chair and named her chief of staff, Andrew Rogers, as acting general counsel.
Former EEOC Commissioner and Acting WHD Administrator Keith Sonderling Announced as Pick for Deputy Secretary of Labor
January 16, 2025 // The deputy secretary of labor serves as the de facto chief operating officer of the DOL, managing an approximately 17,000-person workforce and a $14 billion dollar budget. Further, the deputy manages the politically appointed heads of each agency that falls under the DOL, including vital agencies such as the Occupational Safety and Health Administration, WHD, the Employee Benefits Security Administration, and the Office of Federal Contract Compliance Programs (OFCCP), among others. Sonderling has a track record of prioritizing clear guidance on both traditional issues such as those found in wage and hour law or occupational safety and cutting-edge issues such as the use of artificial intelligence (AI) in the workplace. Sonderling’s record throughout his career provides insight into what employers can expect from Sonderling’s leadership as the deputy secretary of labor.
Dartmouth Ph.D. Student Hits Graduate Student Union With Federal Charges for Illegal Religious Discrimination
October 3, 2024 // A series of rulings by the National Labor Relations Board (NLRB) during the Obama and Biden Administrations gave union officials the ability to seize monopoly bargaining power over graduate students, and at private institutions like Dartmouth, unionized graduate students are subject to federal private sector labor law. Such law allows union officials to force those under their power to pay dues or fees as a condition of employment in a state like New Hampshire (where Dartmouth is located) that lacks Right to Work protections.
Commentary: NLRB v. EEOC: Damned if you fire, damned If you don’t
February 28, 2024 // The concern is not theoretical. The EEOC has told the NLRB not to be too lenient regarding hostile rhetoric. The EEOC argued in a 2019 amicus brief, in a case called General Motors v. Robison that “[E]mployers must address racist or sexist conduct that violates Title VII [of the Civil Rights Act of 1964], and may need to do so even before the conduct becomes actionable in order to avoid liability for negligence … the EEOC urges the NLRB to consider a standard that permits employers to address such conduct, including by disciplining employees, as appropriate.” The case involved a worker directing racially charged language at a supervisor. In short, companies can find themselves trapped in a damned-if-you-fire, damned-if-you-don’t situation between two powerful regulatory agencies. Because regulators are supposed to issue clear rules of behavior, this is troubling. Businesses can’t follow the rules if they can’t know what the rules are. The public is entitled to have agencies require mutually consistent standards of behavior before they start enforcing them on the rest of us.
OP-ED: Labor Department’s new independent contractor rule is a mess. We need a clear national standard instead.
February 2, 2024 // This confusion has serious consequences. Worker classification affects not only minimum wages and overtime, but also fringe benefits, taxes, insurance, liability for injuries, and union organizing. It can even implicate antitrust law. So if a business classifies a worker incorrectly, it can face serious legal penalties. And those penalties aren’t just monetary: some states have even made misclassification a crime. And make no mistake, this isn’t only a problem for companies; it’s a problem for workers too. Look no further than what has happened in California. In 2020, the state changed its classification rules to crack down on supposed misclassification. The state’s goal was to shift workers out of independent contracting and into employment. But not only did contracting dry up, so did employment. A new study shows that more than ten percent of contractors and four percent of employees in the affected professions simply lost their jobs. Businesses were so afraid of the new classification rules that they cut opportunities across the board.
Does Democrats’ support for unions extend to their own employees?
April 22, 2022 // The CWU, a group of staffers that launched a union drive earlier this year, wants the House to vote on a resolution guaranteeing staffers protections as soon as next week. Currently, the Congressional Accountability Act allows staffers to organize, but doesn’t offer them any shield from retaliation, meaning staffers could be fired and blacklisted if they do so. Thus far, Pelosi’s office has not commented on when a floor vote could be scheduled on the resolution.
Rep. Tlaib tells striking Great Lakes Coffee workers they deserve better
February 28, 2022 // U.S. Rep. Rashida Tlaib joined more than 200 people who rallied in support of striking Great Lakes Coffee Roasting Co. workers in Detroit on Wednesday, telling the baristas and cooks they deserve better pay and work conditions.
Great Lakes Coffee workers in Detroit go on strike, demand better pay and working conditions
February 17, 2022 // “It is not OK how hard we have to work for the little amount we get paid when we know damn well that when we come to Great Lakes they are doing just fine,” Santiago-Romero said during the rally. “We need to make sure that we get a piece of the pie.”