The title of this post is courtesy of Harris Freeman (Western New England) who brings to my attention the current situation in Chicago concerning the developments at Republic Windows:

Harris writes:

Members of the UE Local have started a sit-down strike after the employer shut down on a 3-day notice, violating the WARN Act, after Bank of America cancelled the business’s line of credit.

Union members are rotating in thirty-person shifts to staff the sit-down.   Here is the URL for one of a series of articles in the Chicago Tribune on the sit-down.

The NYT also did an article on the strike.

Harris asks some good questions including: are we going to see some new — and old — tactics by workers who are seeking to defend their unions and livelihoods in response to the rapidly unfolding economic crisis?

He also points out that maybe the news of this sit-down will lead to some interesting exam questions.

Cross posted at Workplace Prof Blog.

I was just completing an exam review today with my employment discrimination law students and I noted that they should remember that the old Price Waterhouse standard might still apply to mixed motive cases under Section 1981, the ADEA, ADA, and retaliation claims under Title VII.  The argument is that the Civil Rights of Act of 1991 only applies to Title VII claims and not to the other laws which are not mentioned in the amendment.

Today, the Supreme Court decided to take cert. in the case of Gross v. FBL Financial Services, Inc., No. 08-441 (opinion below: Gross v. FBL Financial Services, Inc. (8th Cir 05/14/2008), which will help decide exactly what standards should apply in a non-Title VII mixed-motive discrimination case.