Employment Law Update: Recent Developments in the Supreme Court and Congress

The U.S. Supreme Court continues to keep employers on their toes by dealing with cases involving employment issues this term. During the first week of December, the Court issued its decision in <i>Raytheon Co. v. Hernandez</i>, No. 02-749, ___ S. Ct. ___ (2003), an ADA case involving the legality of an employer policy prohibiting the rehire of individuals fired for violating the employer's drug use policy. Also, the Court agreed to consider two other employment cases. First, in <i>Pennsylvania State Police v. Suders</i>, the Court will decide whether constructive discharge is a "tangible employment action" for purposes of sexual harassment claims. Second, in <i>Central Laborers' Pension Fund v. Heinz</i>, the Court will tackle an issue involving ERISA's anti-cutback rule for pension benefits.

17 minute read February 01, 2004 at 11:11 AM
By
E. Fredrick Preis and Melissa M. Mulkey
Employment Law Update: Recent Developments in the Supreme Court and Congress

The U.S. Supreme Court continues to keep employers on their toes by dealing with cases involving employment issues this term. During the first week of December, the Court issued its decision in Raytheon Co. v.

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