The Future of Religious Accommodation and Discrimination,
Joel Dillard Worker's Rights Blog
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1M ago
In a blog post back in 2020 entitled The Future of Religious Accommodation and Discrimination, I predicted that the Supreme Court will unanimously or near-unanimously expand the protections against religious discrimination in Title VII by changing the interpretation of ..read more
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Hebrew v. Tex. Dept. Crim. Justice.
Joel Dillard Worker's Rights Blog
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1M ago
This was a complete transformation of the existing law, and its effects were felt immediately. For example, in September 2023, the Fifth Circuit reversed a decision that it was an for a prison to accommodate a nazarite's uncut hair and beard. Hebrew v. Tex. Dept. Crim. Justice. The prison cited three safety concerns: that contraband could be smuggled in the hair, that gas masks would not fit, and that offenders might use the hair to grab and attack the guard. The Court rejected all three, noting that searching the hair for contraband is not an undue hardship under the test, that medical (but n ..read more
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Odilia M. v. VA,
Joel Dillard Worker's Rights Blog
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1M ago
The EEOC has also recognized this in its doctrine of retaliation protecting federal employees. For example, in an employee engaged in communications accusing the supervisor of discrimination, and was disciplined for [d]isrespectful conduct, use of insulting, abusive, or obscene language to or about other personnel. EEOC Appeal No. 0120150311 (Nov. 3, 2016). EEOC held that this was unlawful retaliation per se. It reasoned that a supervisor's discipline that, on [its] face, discourage[s] an employee from participating in the EEO process violate[s] the letter and spirit of the EEOC regulations an ..read more
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NLRB v. Sw. Bell Tel. Co.
Joel Dillard Worker's Rights Blog
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1M ago
In this way, the Fifth Circuit and NLRB have applied a balancing test which considers all the circumstances. NLRB v. Sw. Bell Tel. Co. , 694 F.2d 974, 978 (5th Cir. 1982) (protecting a union shop steward who engaged in an intemperate spontaneous outburst since one outburst had taken place in the context of discussion of terms and conditions of employment, activity protected under Section 7, and that the other had been provoked by the earlier disciplinary action ..read more
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Lion Elastomers LLC II, 372 NLRB No. 83 (2023)
Joel Dillard Worker's Rights Blog
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1M ago
, 372 NLRB No. 83 (2023) , the NLRB reversed the misguided decision we previously discussed, and reinstated the proper test. Under this test four factors are considered ..read more
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Yelling and other forms of rudeness that can come up when standing up for worker's rights.
Joel Dillard Worker's Rights Blog
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1M ago
In a blog post back in 2020 we talked about yelling and other forms of rudeness that can come up when standing up for worker's rights. That law has changed once again, and this time it has gotten better ..read more
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Angry Employees: Revisiting Insubordination in Title VII Cases, 10 Harvard Law & Policy Review 185 (2016).
Joel Dillard Worker's Rights Blog
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1M ago
As Professor Carle has written, to expect perfect decorum when reporting a traumatic event like discrimination is not only logically untenable but also undermines the objectives of Title VII. creates perverse incentives, resulting in employers having higher chances of prevailing in discrimination suits when their conduct is so infuriating that it causes employees to lose their temper. Angry Employees: Revisiting Insubordination in Title VII Cases, 10 Harvard Law & Policy Review 185 (2016 ..read more
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In its own words,
Joel Dillard Worker's Rights Blog
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1y ago
It appears that the Mississippi Institutions of Higher Learning is doing just that. Made up of political appointees, the Board of Governors of the IHL is, the constitutional governing body responsible for policy and financial oversight of the eight public institutions of higher learning. Put more plainly, the IHL is the state government agency that regulates our public universities. Recently, the IHL decided to use its regulatory power to change the rules ..read more
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United Campus Workers of Mississippi
Joel Dillard Worker's Rights Blog
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1y ago
So what can we do in the face of this assault on free speech and academic freedom? If you are a concerned citizen, contact your state legislators and the IHL to respectfully voice your opposition to these new rules. Politicians like those at the IHL should respond to outcry from the people they serve. If you are an academic, be aware of these new policies and understand the risks you face for speaking out until these rules are repealed. Be prepared to organize in groups, like joining . And, if you feel like your rights are under threat from these unconstitutional rules, contact an attorney to ..read more
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American Association of University Professors,
Joel Dillard Worker's Rights Blog
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1y ago
To protect academic freedom, colleges and universities have established a job protection known as tenure. As defined by the a tenured appointment is an indefinite appointment that can be terminated only for cause or under extraordinary circumstances such as financial exigency and program discontinuation. Designed to be carefully granted to deserving and experienced faculty members, tenure is a tool that schools can use to attract and retain quality scholars. Tenure is also essential to ensure that scholars can speak their minds about issues of public concern. Tenure protects faculty members fr ..read more
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