Attorneys for the Plaintiff California public sector teachers in the case of Friedrichs v. California Teachers Association have taken the extraordinarily rare step of petitioning the Supreme Court for a rehearing, and have also requested that such rehearing take place after the Court obtains a full complement of Justices capable of reaching resolution by a…

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Category: Union Access,

Number 24:  The Supreme Court Balances TheTension Between Disparate Treatment And Disparate Impact Discrimination In Employment Testing Employment tests and other selection procedures have long been part of hiring and promotional processes for many employers.  Designed and used properly, employment tests can be very effective in assisting employers to determine the candidates who are most…

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Category: EEO,

Number 14:  Discrimination Laws Apply To State And Local Government Employees Title VII, as enacted in 1964, had a rather large coverage gap: millions of American workers employed by State and local governments were not covered.   Why?  The principal reason was State sovereignty, and the notion that subjecting state and local government employment to this…

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Category: EEO,

 The Ninth Circuit, in Demers v. Austin, 729 F.3d 1011 (9th Cir. 2013), has boldly gone — where other federal circuit courts have heretofore been reluctant to venture — in declaring that applying Garcetti to academic speech would conflict with the First Amendment.  This unequivocal decision paves the way to potential Supreme Court review of the question…

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The California Legislature took aim this past session to address topics near and dear to many college and university students:  social media, textbook, loans, and athletic scholarships. Hands Off Student Social Media! When tech-savvy California Governor Jerry Brown signed two social media laws this past September, what did he do?  He announced it on Twitter,…

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Category: Higher Education,