Tag

first amendment

Using History to See the Glass Part Full in Janus v. AFSCME

Using History to See the Glass Part Full in Janus v. AFSCME

Janus v. AFSCME will soon decide the constitutional fate of fair-share fees for public sector unions. These fees support unions’ collective bargaining work on behalf of employees they are legally required to represent but who are not union members. Most prognosticators expect the Supreme Court to hand the National Right to Work Legal Defense Foundation (NRTWLDF) a win on its claim that such fees violate the First Amendment rights of non-union workers. Yet, as I develop further below, the history that led to Janus offers three thin rays of hope to the labor movement.

Analyzing James Damore’s Employment-Related Claims against Google—Part Three

Analyzing James Damore’s Employment-Related Claims against Google—Part Three

James Damore, the Google employee fired for his internal memo on diversity programs and “monocultures,” has raised claims of interference with protected concerted activity as well as retaliation for his complaints about Google’s allegedly discriminatory policies.  But Damore and his attorneys have charged Google with a third potential motive and attendant violation: firing him for his political and ideological views.  A claim oriented around political, ideological, or viewpoint discrimination may seem to fit most naturally with Damore’s memo, as it criticizes the ideological culture at Google and presses for more free-flowing discussion and debate, particularly around issues of workplace diversity.