First Latina Justice Steps up to the Supreme Court with her gavel
What a glorious day for Justice Sonia Somatomayor, who will bring a certain excitement to dry law in the Supreme Court of America. She will be the judge of the people, who understands the story behind the story and yet be able to fit them within the legal constructs.
Ricky Martin, the international Puerto Rican singer and President Obama were among the official swearing in ceremony of Justice Somatomayor. There were ample photo ops and she was gracious in asking photographers to tell her when they've had enough before taking some private photos with family and close friends.
The real work begins on today, when Justice Sotomayor will hear her first argument, at an unusual summer session of the court. The case, Citizens United v. Federal Election Commission, is important, but that is not the only thing that has aficionados of oral advocacy in the Supreme Court buzzing.
Good luck to Justice Somatomayor, we wish her all the very best for a successful and fruitful stay on the bench.
Reporter’s Notebook - The Newest Justice Takes Her Seat - NYTimes.com
Showing posts with label US Supreme Court. Show all posts
Showing posts with label US Supreme Court. Show all posts
Wednesday, September 09, 2009
Tuesday, July 07, 2009
AGE DISCRIMINATION
A US supreme court ruling 4-5 in the case of age discrimination has shifted the burden of proof on the employee who claims age discrimination. This will be a disadvantage to employees because proving that it was age and no other reason would like prove to be much more difficult to prove in a court of law. The burden of proof rests solely on the employee overturning long standing precedent and practice that was fairer to the employee. In the past the employer had the burden of producing evidence that showed bona fide reason for terminating an employee and an employee only had to show some sort of inference of age discrimination.
In Canada employees are protected under the Human Rights Code from age discrimination. In Manitoba there is no mandatory retirement. An employer would have to find other bona fide reasons for asking an older employee to resign from their job.
One has to ask whether this decision in favour of employers in the United States will have ripple effect in Canada. Canadian employers continue to complain about the strangehold human rights laws have on their businesses and bottom line.
Read the following opinion piece in today's NYT
Editorial - Age Discrimination - NYTimes.com
A US supreme court ruling 4-5 in the case of age discrimination has shifted the burden of proof on the employee who claims age discrimination. This will be a disadvantage to employees because proving that it was age and no other reason would like prove to be much more difficult to prove in a court of law. The burden of proof rests solely on the employee overturning long standing precedent and practice that was fairer to the employee. In the past the employer had the burden of producing evidence that showed bona fide reason for terminating an employee and an employee only had to show some sort of inference of age discrimination.
In Canada employees are protected under the Human Rights Code from age discrimination. In Manitoba there is no mandatory retirement. An employer would have to find other bona fide reasons for asking an older employee to resign from their job.
One has to ask whether this decision in favour of employers in the United States will have ripple effect in Canada. Canadian employers continue to complain about the strangehold human rights laws have on their businesses and bottom line.
Read the following opinion piece in today's NYT
Editorial - Age Discrimination - NYTimes.com
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