Gross Goes Ledbetter

Capitoldome It now appears that the Gross ADEA decision might be going the way of the Ledbetter pay discrimination Title VII decision.  From CQ Politics:

A trio of top Democrats from both chambers plan legislation aimed at rolling back a Supreme Court ruling they say makes it harder for plaintiffs to win age discrimination suits.

Tom Harkin , D-Iowa, chairman of the Senate Health, Education, Labor and Pensions Committee, and Patrick J. Leahy , D-Vt., chairman of the Senate Judiciary Committee, said Tuesday they will introduce a bill to restore a less-demanding burden of proof for plaintiffs in age discrimination suits. Rep. George Miller , D-Calif., chairman of the House Education and Labor Committee, said he intends to introduce a similar measure.

The proposed legislation is a response to the Supreme Court’s June 2009 ruling in Gross v. FBL Financial Services that plaintiffs claiming disparate treatment under the Age Discrimination in Employment Act must show that age was the determining factor in the alleged discrimination, rather than just one of several factors . . . .

Under the proposed legislation, the burden would be on the employer to show it complied with the law once a plaintiff shows age discrimination was a “motivating factor” behind an employment decision.

What I particularly like about the Congressional response is that in announcing the legislation, Sen. Leahy quite rightly referred to the Supreme Court’s decision as an activist decision by conservative justices.

Of courses when I say that “Gross Goes Ledbetter,” I refer to the fact that President Obama signed into law the Lilly Ledbetter Fair Pay Act making it easier for workers to challenge wage discrimination, responding to the restrictive 2007 Supreme Court ruling in Ledbetter.

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Legacies of Lincoln

legacies-of-lincolnThe Legacies of Lincoln Conference, a joint undertaking of the Law School and the Department of History, was an impressive event last week. It began on Thursday evening, with Allen Guelzo, Gettysburg College’s renowned Lincoln historian, delivering the History Department’s annual Klement Lecture. There then followed on Friday three panels, variously addressing “Lincoln and Politics,” “Lincoln and the Constitution,” and “Lincoln as Lawyer,” and respectively led by Heather Cox Richardson of the University of Massachusetts-Amherst, Michael Les Benedict of The Ohio State University, and Mark E. Steiner of the South Texas College of Law. The other panelists were James Marten and Alison Clark Efford of Marquette’s History Department (politics panel), Stephen Kantrowitz of the University of Wisconsin-Madison and Kate Masur of Northwestern University (Constitution panel), and two of our part-time faculty (for the Lincoln-as-lawyer panel): Joseph S. Ranney, III, of Dewitt Ross & Stevens and Thomas L. Shriner, Jr., or Foley & Lardner. Audio of the three panels is available on the Law School’s webcast page.  A number of the participants will permit the Law School to publish papers reflecting their remarks, and I expect that, as the different papers are ready over the course of the time to come, Dan Blinka or I will use this blog to share them with interested readers. A special thanks to Jim Marten and to Dan Blinka for their roles in putting this conference together.

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Chilean Delegation Meets with Local Firm and Community Organizations

IMG_7727On their last day of the exchange program, October 2, the Chilean students visited an array of legal organizations working in the Milwaukee community. 

First, they visited the law firm of Gonzalez Saggio & Harlan LLP to meet with firm attorneys Hugo Rojas, Jeff Krill, Jean-Marie Feedham, and MULS graduate Natalia Minkel to learn about private law practice in Milwaukee and the nation as a whole.   The students were quite curious about the organizational structure of the associates and partners, and how they attract work.  Rojas explained that they rely mostly on word of mouth, pointing out that ethical guidelines limit aggressive forms of seeking new cases.  During the meeting, founding partner Jerry Gonzalez stopped by to greet the delegation and in particular mentioned the firm’s priority in assuring diversity among its attorneys, which only reflects the changing demographics of the country itself.

IMG_7739In the afternoon the students visited non-governmental agencies working with the Latino community in South Milwaukee. First, they visited Catholic Charities to learn about immigration work and the issues it raises, most notably the hardship faced by families that are often separated due to their immigrant status.   Attorney Barb Graham spoke of her tireless work to represent her clients, which frequently requires travelling to Chicago.  Afterwards, the students visited Centro Legal where Executive Director Heather Ramirez invited them to cookies and Alterra coffee.   The meeting featured staff lawyers Sam Levin and Jason Mishelow speaking about family law; and Mike Blater, criminal law. Board member Mike Balter also offered information about the organization, which offers legal services on a sliding scale.  The final stop was at Voces de la Frontera where the members of this association spoke of their grassroots movement to change policy in favor of immigrant and Latino populations, such as laws to allow for valid drivers licenses and fair wages.  They explained that their legal work (free clinics on Saturday) complement their activism to help stimulate broader policy change.

IMG_7750In the evening the Chilean delegation accepted the gracious invitation to attend the annual dinner of the MULS Hispanic Law Students Association which took place at Club Tres Hermanos  in South Milwaukee.  The festive event featured Mexican cuisine and conversation in both Spanish and English.  The Chileans sang songs along with the Mariachi band and demonstrated Chilean dances.  The occasion was a perfect ending to a full week of academic exploration.

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