Category: Labor Law
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What Should Replace Employment Division v. Smith, If Anything at All?
By Arit Mukherjee — Does the Free Exercise Clause mandate religious exemptions to facially neutral, generally applicable laws? In Employment Div. v. Smith, 494 U.S. 872 (1990), the Supreme Court answered in the negative. This precedent has been challenged before…
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The Reverse of What Was Intended: How the Law Treats Reverse Discrimination
By Vivek Kirpalani — Roughly five years ago, Marlean Ames sued her employer for discrimination. According to her performance evaluations, she was a competent employee working to promote the Prison Rape Enforcement Act at the Ohio Department of Youth Services.…
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You’re Fired! The Rise of Unconstitutional Layoffs in the Trump Administration
Vinayak Menon — In President Donald Trump’s first 100 days in office, roughly 25,000 federal workers have been terminated across 18 departments or agencies. While most of these cuts have targeted lower-level probationary employees, the Trump administration has also targeted…
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Temple University vs. Temple Graduate Student Union: A Violation of State and Federal Labor Statutes
By Sidney Singer — “As a result of your participation in the [Temple University Graduate Student Association] strike, your tuition remission has been removed for the spring semester. You now owe the full balance listed in TUpay, which is due…
