Monthly Archives: July 2018

Faragher-Ellerth, #MeToo, and the Court of Public Opinion

Last week, the Third Circuit released an opinion in Minarsky v. Susquehanna County, et al., in which it reversed the district court’s award of summary judgment to Susquehanna County and remanded the case for a jury trial on the merits.  What is significant about this opinion is the impact that the #MeToo movement has seemingly had on the decision.  In a page-long footnote, the Court discusses the #MeToo movement, the pervasiveness of sexual harassment in the workplace, and comments on why sexual harassment victims may not, even with proper mechanisms in place, reasonably be willing to report harassment. Read More »

Supreme Court Decision Hands Defeat to Public Sector Unions

Public Employees Have The Right To Refrain From Union Membership and Compelled Union Dues

In a 5-4 ruling split evenly along party lines, the United States Supreme Court bolstered the right of public sector employees to abstain from union membership and compulsory dues payment.  The ruling in Janus v. AFSCME provides that public sector unions cannot require employees to pay dues and fees associated with the negotiation of labor agreements and administration of grievances under such agreements, although those employees will be covered by the bargaining agreement.  Public sector employers have been a final stronghold of the American labor movement.  While only 6.5% of private sector employees are unionized, unionization of public sector employees is currently 34.4%.  To put public sector’s union activities into context, of the $64.6 million spent by these unions during the 2016 election cycle, 90% of those funds went to Democratic candidates.  Read More »