Supreme Court, Roberts Court, Labor Law, Employment Law, Employment Discrimination, Human Resources
The rise of human resources departments parallels the increase in the myriad statutory and regulatory requirements that govern the workplace. The Supreme Court's decisions in labor and employment law cases are largely monitored and implemented by HR professionals who must carry out these directives on a daily basis. This article looks at the Roberts Court's labor and employment law cases through the lens of human resources. In adopting an approach that is solicitous towards HR departments and concerns, the Roberts Court reflects a willingness to empower these private institutional players. Even if labor and employment law scholars do not agree with the solicitousness, they should use the opportunity to develop a positive theory of HR, one that directs this workforce in a just and ethical manner.
Bodie, Matthew T., The Roberts Court and the Law of Human Resources (June 3, 2013). Berkeley Journal of Employment and Labor Law, Vol. 34, No. 2, 2013.