New York Employment Lawyer Blog

Labor and employment issues, particularly in the context of the protection of federal anti-discrimination laws, are one of the significant subjects to be addressed on the Supreme Court’s docket during this current term. The Court will hear arguments from both employees and employers on issues ranging from age discrimination (ADEA) and disability (ADA) protection to EEOC filing issues to a case relating to retaliation under the federal civil rights statutes. This was originally discussed in the Outside Counsel column of the February 13, 2008, issue of the New York Law Journal written by Robert P. Lewis, which referred to the Supreme Court’s employment law docket this term.

Among some of cases that the Court will decide will be whether the ADEA’s protections against retaliation by one’s employer can be extended to federal employees. Another case poses the question of whether the ADEA’s requirement of filing a “charge” of discrimination is met by the filing by the employee with the Equal Employment Opportunity Commission of an intake questionnaire and accompanying affidavit. The Federal Civil Rights statutes will also be an area of focus for the Court. The statute at issue, 42 U.S.C. § 1981, does not contain the words “retaliation” or “retaliatory,” yet the question presented is whether a cause of action for race retaliation can be brought under the statute.

It is evident that the Supreme Court will be spending a great deal of its time grappling with the complex issues of labor and employment law. The employment field is ever expanding and presents some of the most cutting-edge and developing legal issues of the day. It is apparent that due to the complex and rapid developments in employment law, it is essential that should you believe you might need counsel in your employment situation, it is imperative that you contact an experienced professional in the field. The practice of our firm is devoted to employment law in all of its many facets. You have only to reach out for us and we would be delighted to speak with you. There is no fee for this initial consultation, during which time we would discuss the issues you may have. If you wish to browse our website, we would be delighted to have you do so.