Supreme Court Ruling Makes it Harder to Prove Workplace Discrimination
Black Enterprise Magazine September/October 2018 Issue

supreme courtYou might have missed this on Monday:

Two decisions issued by the Supreme Court effectively make it harder for workers to prove they’ve suffered employment discrimination, the New York Times reports.

One of the rulings narrows the definition of what constitutes a supervisor in racial and sexual harassment cases. The other ruling creates a tougher standard for employees to prove that they had faced illegal retaliation for complaining about employment discrimination.

Justice Ruth Bader Ginsburg says the majority opinions are “blind to the realities of the workplace.”

“An employee who confronts her harassing supervisor risks, for example, receiving an undesirable or unsafe work assignment or an unwanted transfer,” Ginsburg wrote in the dissenting opinion.

Both rulings were decided by a 5-to-4 majority. Ginsburg and the other more liberal justices called on Congress to amend the overly restrictive rulings.

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Aaron Morrison

Aaron Morrison is an award-winning New York area-based multimedia journalist with a B.A. in Journalism from San Francisco State University. Aaron uses video, audio, photography, the web and social networks to tell captivating stories across all media platforms. Over the last year, Aaron has worked as a general assignment reporter for the Daily Record (Gannett) in northern New Jersey. Before that, he spent the spring of 2010 as the temporary legislative relief reporter for The Associated Press' statehouse bureau in Trenton, N.J. In his down time, Aaron enjoys the company of his friends and extended family. He is a fan of culinary arts and dreams of having a home kitchen so tricked out that Julia Child turns over in her grave.