Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.
The following is a summary of the labor- and employment-related regulatory and legislative news for the week of June 28, 2009:
Agency Changes
President Obama announced his intent to nominate George H. Cohen as director of the Federal Mediation and Conciliation Service (FMCS).
Discrimination in the Workplace
The U.S. Supreme Court held in Ricci v. DeStefano that the City of New Haven’s failure to certify test results that would have disqualified African American firefighters from receiving promotions was discriminatory against the white and Hispanic test takers who received qualifying scores and was therefore a violation of Title VII of the Civil Rights Act.
Meanwhile, Rep. George Miller (D-CA) announced that the House Education and Labor Committee will hold a hearing on the Supreme Court’s opinion in Gross v. FBL Financial Services. In this case, the Supreme Court set the evidentiary bar higher for a plaintiff bringing a mixed-motive age discrimination claim under the Age Discrimination in Employment Act (ADEA).
Immigration
The U.S. Immigration and Customs Enforcement (ICE) issued Notices of Inspection (“NOIs”) to more than 600 businesses as part of its new audit initiative.