Search results
Results from the WOW.Com Content Network
Cleveland Board of Education v. Loudermill, 470 U.S. 532 (1985), was a United States Supreme Court case in which the Court held that: . certain public-sector employees can have a property interest in their employment, per Constitutional Due Process.
Argument: Oral argument: Case history; Prior: Summary judgement for plaintiff, sub nom Kennedy v. Sanchez, 349 F. Supp. 863 (N.D. Ill. 1972): Holding; Post-termination procedures provided by federal agency adequately protected appellee's liberty interests and pretermination hearing was not constitutionally necessary; statute under which employee was fired neither impermissibly vague or ...
Thus, state and local government actions that are facially neutral toward religion are judged by the Employment Division v. Smith standard rather than RFRA. According to the court's ruling in Gonzales v. UDV (2006), RFRA remains applicable to federal statutes, which must therefore still meet the "compelling interest" standard in free exercise ...
The Act requires the elimination of artificial, arbitrary, and unnecessary barriers to employment that operate invidiously to discriminate on the basis of race, and, if, as here, an employment practice that operates to exclude Negroes cannot be shown to be related to job performance, it is prohibited, notwithstanding the employer's lack of ...
Holmes compared counties close to the border between states with and without right-to-work laws, thereby holding constant an array of factors related to geography and climate. He found that the cumulative growth of employment in manufacturing in the right-to-work states was 26% greater than that in the non-right-to-work states. [34]
Sherbert v. Verner, 374 U.S. 398 (1963), was a case in which the Supreme Court of the United States held that the Free Exercise Clause of the First Amendment required the government to demonstrate both a compelling interest and that the law in question was narrowly tailored before it denied unemployment compensation to someone who was fired because her job requirements substantially conflicted ...
Federal appeals courts in the Second and Ninth circuits, although expressing due process concerns, have held that collection of child support is an important government interest, that the right to travel internationally was not a fundamental right and that laws restricting this right need not pass strict scrutiny.
Some statutes also make specific exclusions that reflect the common law, such as for independent contractors, and others make additional exceptions. In particular, the National Labor Relations Act of 1935 §2(11) exempts supervisors with "authority, in the interest of the employer", to exercise discretion over other employees' jobs and terms ...