• How Judge Gorsuch Could Affect Key Labor, Employment Issues Facing SCOTUS
  • April 21, 2017 | Authors: Lindsay R. Colvin; Eric Raphan
  • Law Firm: Sheppard, Mullin, Richter & Hampton LLP - New York Office
  • Eric Raphan and Lindsay R. Colvin discuss how Judge Gorsuch's textualist approach to statutory interpretation, limited deference to administrative agencies, and heightened protection for free speech and expression may affect critical labor and employment law issues predicted to come before the Supreme Court during the Trump administration, including: the enforceability of mandatory class action waivers in employment agreements; whether Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on sexual orientation; and the constitutionality of agency fee requirements for employees who are a member of a bargaining unit, but not the union who represents it.