Posts tagged Equal Protection Clause
Judicial Watch Urges Federal Probe of Minneapolis Schools’ Union Contract Over Constitutional Concerns
September 8, 2025 // Judicial Watch requests the Office for Civil Rights investigate Article 15 of the collective bargaining agreement between the Minneapolis Public Schools, Special District No. 1 (“MPS”) and the Minneapolis Federation of Teachers Local 59. The contract violates the equal protection clause of the Fourteenth Amendment to the U.S. Constitution. Article 15 exempts teachers of color from MPS’s seniority-based layoffs and reassignments, which means, when layoffs or reassignments occur, the next senior teacher who is not “of color” would be laid off or reassigned. The contract also mandates that MPS reinstate teachers of color over more senior teachers who are not “of color.” Prior to the contract, teachers were laid off or reassigned in order of seniority, with the least senior teachers laid off or reassigned first, without regard to race or ethnicity.
Business groups sue over California’s new ban on captive audience meetings
January 4, 2025 // The law violates these protections by "discriminating against employers’ viewpoints on political matters, regulating the content of employers’ communications with their employees, and by chilling and prohibiting employer speech," the lawsuit said. Employers "have the right to communicate with their employees about the employers’ viewpoints on politics, unionization, and other labor issues."
AB5 specifically targets interstate truckers, OOIDA says
August 8, 2024 // “AB5’s blanket prohibition of leased owner-operators constitutes an unreasonable burden on interstate commerce in violation of the dormant Commerce Clause of the U.S. Constitution under the test established by the Supreme Court in Pike v. Bruce Church Inc.,” OOIDA wrote. “Under Pike’s balancing test, AB5’s burden on leased owner-operators is absolute, and the benefits to the state are minimal, if not illusory. There is no cost truckers can incur or administrative hurdle they can overcome to keep their independent contractor small businesses as leased owner-operators.”
Further appeals to block AB5 from California trucking seen as a long shot
March 19, 2024 // Appeals are possible of the decision Friday in the U.S. District Court for the Southern District of California that emphatically rejected all the arguments by the California Trucking Association (CTA) and the Owner-Operator Independent Drivers Association. But several observers of the legal battle that has gone on for more than four years said that may prove too big a challenge to proceed. “I’m sure that some will advocate for the appeal and exhausting all efforts, but I’m certainly not bullish on the likelihood of success in the 9th Circuit,” an attorney who is not representing any of the parties and requested anonymity said of possible future CTA/OOIDA action. “It is time to ‘move on’ absent the political will to change.”
WILL sues to preserve Act 10
January 30, 2024 // “There is no question that 2011 Wisconsin Act 10 significantly changed labor relations in Wisconsin. But since Act 10’s enactment over a decade ago, state and federal courts have repeatedly rebuffed constitutional challenges to the law by those who oppose it,” WILL wrote in its memo to the court. “Both the U.S. District Court for the Western District of Wisconsin and Seventh Circuit in [the Walker case] had little trouble concluding that Wisconsin was free to distinguish between public safety and general employees, with the latter labeling this conclusion as ‘uncontroversial.’”
OOIDA lends support in case against AB5
January 30, 2024 // The two trucking groups argue that the law eliminates the independent contractor driver business model in the trucking industry and that it violates the U.S. and California constitutions. OOIDA, which is serving as an intervenor in a case against the state’s worker classification law, told the court in its Oct. 27 reply brief that AB5 needlessly causes genuine independent contractors to be reclassified as employees. “AB5 discriminates against and imposes undue burdens on interstate commerce in violation of the dormant Commerce Clause, and the disparate treatment of AB5’s business-to-business and construction exemptions violates the U.S. and California constitutions’ equal protection clauses,” OOIDA wrote
AB5 needlessly reclassifies genuine independent contractors, OOIDA says
November 8, 2023 // OOIDA, which is serving as an intervenor in a case against the state’s worker classification law, told the court in its Oct. 27 reply brief that AB5 needlessly causes genuine independent contractors to be reclassified as employees. “AB5 discriminates against and imposes undue burdens on interstate commerce in violation of the dormant Commerce Clause, and the disparate treatment of AB5’s business-to-business and construction exemptions violates the U.S. and California constitutions’ equal protection clauses,” OOIDA wrote.
Oregon Education Association Just the Latest Teachers’ Union to Impose Racially Discriminatory Policies
June 15, 2023 // On April 30, OEA’s board of directors discussed a so-called “progressive dues structure for BIPOC (black, indigenous and people of color) members,” according to meeting minutes. This scheme would include a “significant discount for educators until the racial breakdown of our membership aligns with the racial breakdown of our student population.”
Reclassifiying Rhode Island’s independent workforce could cost the state millions
May 25, 2023 // Actual instances of misclassification are already addressed by existing laws. And if workers desire to obtain benefits, health care, or otherwise, they need not be traditional employees to do so. To prevent forced misclassification in Rhode Island, lawmakers should propose reforms like portable benefits to allow workers to maintain their independence yet apply for benefits as needed. Utah just pioneered this reform to allow worker benefits to follow workers, not employers. With a portable benefits system in place, forced reclassification efforts like SB 430 can be defeated. As of December 2022, 27 percent — or 85,116 self-employed gig workers — of Rhode Island’s small business workforce engages in independent contract work. That should be celebrated, not undone by misguided policymaking that seeks to correct a non-problem.
Rep. Kevin Kiley Fights for Freelancers Against Julie Su Nom in First Workforce Protection Subcomittee Hearing
April 21, 2023 // Through the PRO Act, DOL rulemaking, and installing those who will do their bidding atop federal government agencies, the establishment Democratic Party, in lockstep with the Big Labor lobby hopes to force tens of millions of Americans out of freelancing and independent contracting and into “employee” status, which would allow the unions to focus on organizing new sectors in the face of dwindling membership. Rep. Kiley has fought against these efforts every step of the way, first in the California State Assembly and now in Congress, and called the hearing to highlight just how destructive the Biden/Su agenda will be to all Americans, and not just Californians, and has called Su “the architect and lead enforcer of AB-5.”