Backgrounder on Discrimination
and Unfair Labor Practices
Workers' rights to fair compensation, fair treatment, protection against unfair labor practices, and protection against discrimination are enshrined in federal civil rights laws.
What is the National Labor Relations Act?
Passed by Congress in 1935, in the wake of the Great Depression, the National Labor Relations Act (NLRA) guarantees workers the right to a join a union, engage in collective bargaining, or strike without fear of reprisal from management.
What is the Fair Labor Standards Act?
Signed into law by President Roosevelt in 1938, the Fair Labor Standards Act (FLSA) requires that workers receive a minimum wage and overtime pay, and protects them against unfair labor practices.
How has the Supreme Court weakened civil rights and labor laws?
Recent Supreme Court decisions have substantially eroded the force of these two important laws by leaving many workers without any protection against unfair, exploitive, and retaliatory practices by employers. Moreover, the enforcement scheme envisioned by Congress -- i.e., individuals using the court system to protect their rights -- has been eroded for state employees.
State employees and their right to sue for money damages under FLSA
In Alden v. Maine (1999) the Supreme Court dismissed a suit by a group of Maine probation officers who sued the state for refusing overtime pay as mandated by U.S. labor laws. The workers were thrown out of federal court, because the court, through a cramped interpretation of the Eleventh Amendment, said citizens cannot sue a state agency for back pay. This ruling leaves state employees without adequate protection against employer abuses of federal labor laws.
State employees and age discrimination
The Age Discrimination in Employment Act (ADEA) protects workers ages 40 and older from age-based employment discrimination. It applies to every employer with 20 or more employees. Twenty years ago, the Supreme Court made clear in EEOC v. Wyoming that state employers must comply with the ADEA.
But in 2000, the Supreme Court held in Kimel v. Florida Board of Regents that state employees could not recover monetary damages for ADEA violations. Older state employees therefore have no meaningful remedy under federal law for discrimination. Kimel upset almost 20 years of settled law and makes a mockery of the ADEA's protections from discrimination for millions of older state employees.
What did the Court decide in Hoffman Plastic Compounds, Inc. v. National Labor Relations Board?
In Hoffman Plastic Compounds, Inc. v. National Labor Relations Board (2003), the Supreme Court held that undocumented workers are ineligible to receive back pay for violations of the National Labor Relations Act. Because of this decision, employers can violate the labor laws with no accountability, so long as they employ an undocumented workforce, thus creating enormous incentives for exploitation.
Since the Court's decision in this case, employers have aggressively attempted to extend the Supreme Court's holding to cases concerning other anti-discrimination statutes, such as Title VII. Ensuring that all workers are afforded full and effective protections against employment discrimination and unfair labor practices is a critical component of ensuring civil rights for all Americans.
