by Hera S. Arsen, J.D., Ph.D, Ogletree Deakins
Can the federal government require contract employees to disclose their use of illegal drugs? Can states sanction employers that knowingly hire unauthorized aliens? Can employers be held liable for the discriminatory actions of managers who don’t make ultimate employment decisions?
The U.S. Supreme Court will decide these and other issues in its new term, which began in October.
During the 2010-2011 term, the high court has agreed to hear eight cases that involve employment and labor-related issues, or are likely to impact employers:
On Oct. 5, the justices heard arguments in National Aeronautics and Space Administration v. Nelson, a case brought by 28 scientists working for the California Institute of Technology, which runs the Jet Propulsion Lab under a NASA contract.
The issue is whether the government violated these federal contract employees’ constitutional...(register to read more)