Press & News

Jerry Maatman Published in the October 1, 2007 Issue of Business Insurance
10/01/2007

"Supreme Court Shift Favors Employers; Bush Appointees Make Pro-Business Rulings More Likely in Workplace Rights Cases" 

Jerry Maatman’s article, "Supreme Court shift favors employers; Bush appointees make pro-business rulings more likely in workplace rights cases," was published in the October 1, 2007 issue of Business Insurance. In his article, Jerry examines decisions made by the U.S. Supreme Court that demonstrate their willingness to defer to agency regulations on workplace issues.

Jerry notes, "while some of the 2006–2007 decisions represented a deeply divided Supreme Court, the trend in employment litigation is significant and is a harbinger of a movement to the right." He points out, for example, that "the Supreme Court rejected the longstanding plaintiff-friendly policy of the U.S. Equal Employment Opportunity Commission that Title VII's statute of limitations for filing a pay bias charge begins to run when each allegedly discriminatory pay decision was made and communicated to the employee and ruled that period does not start over with each subsequent paycheck." Jerry suggests that employers and EPLI insurer's should be hopeful that future rulings in 2007–2008 term will continue to reflect the Supreme Court's shift in their favor.