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Sigh of Relief! Arizona’s Restriction on Medication Abortion Remains on Hold

It’s that time of the year – celebrating the holidays with parties, gift-giving, and awkward holiday sweater wearing.

And now women in Arizona have at least one more reason to celebrate – on Monday, the Supreme Court declined to review the Ninth Circuit’s decision blocking a law that would severely restrict abortion access in Arizona. Leaving the Ninth Circuit’s decision intact means women in Arizona will continue to have access to high-quality care that includes medication abortion, which women have been using safely and legally for over 10 years.

Whew! Read more »

When It Comes to Working Women, Young v. UPS May Finally Be the Court’s Chance to Get it Right

Cross-posted from the Alliance for Justice.

In the last couple of years, the Supreme Court has had a lot to say about working women. Unfortunately, none of it has been good.

In the past year and a half alone, the Court has made it harder for women to sue their employers for sexual harassment, limited the rights of home health care workers—who are nearly all women—to organize, and given bosses a religious trump card they can use to quash women’s rights to insurance coverage for birth control. But in the Young v. UPS case, which the Justices heard yesterday, the Court gets another chance to get it right.

Unfortunately, the Supreme Court’s recent record on working women shows just how blind the justices have been to the realities of the workplace. Read more »

Why Peggy Young Should Win By A Landslide

Today, the Supreme Court heard oral arguments in Young v. UPS. When Peggy Young, a delivery driver for UPS, found out she was pregnant, her midwife recommended that she not lift more than 20 pounds—but UPS denied her request for light duty, even though it offered accommodations to other drivers with non-pregnancy related limitations.

Many Supreme Court cases are decided by a narrow 5-4 majority. But this particular case should not be one of those squeakers. Peggy Young should win by a landslide. Here’s why: Read more »

Workers Are United in Support of Peggy Young

In September, I attended a meeting of Respect the Bump, a group that formed when OurWalmart members began discussing online the troubles they had working at Walmart during their pregnancies. Women across the country told the same story; when they requested even minor accommodations for medical needs related to their pregnancies, Walmart denied the requests, forced them onto unpaid leave, or fired them. Walmart did this while accommodating workers with disabilities and on the job injuries. I was at the Respect the Bump meeting to conduct know-your-rights training with Elizabeth Gedmark of A Better Balance [PDF]. The women of Respect the Bump were charged with setting the agenda: we agreed to answer any questions they might have.

One of the topics the women were eager to discuss was Young v. UPS [PDF] and how they could help support the plaintiff, Peggy Young. The women were used to standing with other Walmart workers, but they told us they wanted to stand with Peggy Young as well. That’s because her case demonstrates just how widespread the problem of pregnancy discrimination remains. Read more »

Unexpected News from the Supreme Court Won’t Stop Health Care Enrollment

With eight days to go before health plan enrollment begins for 2015, the Supreme Court of the United States announced today that it will hear King v. Burwell in the Court’s next term. This case challenges the availability of premium tax credits and cost-sharing reductions for people who sign up for health insurance through the federal Marketplace. Thirty-four states rely on the federal government to manage the health insurance marketplaces for their residents. This means that if the Court were to overturn the King decision from the Fourth Circuit Court of Appeals, millions of women and their families would lose premium subsidies, and therefore access to affordable health insurance. Read more »

Decision Not to Take Up Cases Allows Marriage Equality to Stand in States Across the Country

This morning, the Court denied review in all seven of the cases it had been asked to take up involving state bans on marriage between same-sex couples. This means that the lower-court decisions striking down marriage bans in Indiana, Oklahoma, Utah, Virginia, and Wisconsin are final and will go into effect immediately. These decisions also are good news for same-sex couples seeking to marry in Colorado, Kansas, North Carolina, South Carolina, West Virginia and Wyoming, as district courts in these states are bound by the Fourth,Seventh and Tenth Circuit court decisions that were presented for Supreme Court review. As a result, same-sex couples will be able to get married in 30 states and the District of Columbia. Read more »

What Happens After Hobby Lobby

Are you angry yet over the Supreme Court’s Decision in Hobby Lobby?

As part of the Law Center's work, we track the legal challenges to the requirement that health insurance plans cover the full range of contraceptive methods. One of the latest developments is that some of the other for-profit companies that brought lawsuits are getting what they asked for – a permanent exception from having to include the birth control requirement in their health insurance plans. Just last week, a for-profit lumber business got its exemption.

I knew this development was likely because of the Supreme Court’s decision in favor of Hobby Lobby and Conestoga Wood, holding that some for-profit companies can use religion to discriminate against their employees. But just because I knew it was coming didn’t stop me from experiencing a whole new level of anger. Read more »

After Hobby Lobby Decision, State Legislators Mobilize to Protect Employees’ Access to Reproductive Healthcare Services

“I’ve never been so fired up about a case before,” a friend recently wrote me, referring to the Supreme Court’s recent decision in Burwell v. Hobby Lobby.

My friend is not the only one fired up about the Hobby Lobby decision. According to a recent poll, more than 7 out of 10 U.S. women voters believe that corporations should not be allowed to opt out of a law when they feel it conflicts with their own religious beliefs. And in an interview with Katie Couric, Justice Ruth Bader Ginsburg, who penned the Hobby Lobby dissent, said, “Contraceptive protection is something every woman must have access to, to control her own destiny…[Hobby Lobby] has no constitutional right to foist that belief on the hundreds and hundreds of women who work for them who don’t share that belief.” Read more »

Reversed: Supreme Court’s Harris Decision a Setback For Home Care Workers and Child Care Providers

Let’s cut to the chase: Today’s Supreme Court decision [PDF] in Harris v. Quinn is a setback for millions of women working in low-wage jobs. It limits the organizing rights of home care workers and child care providers--two overwhelmingly female and poorly paid groups of workers. Through unionization, these workers have secured better pay, training, and working conditions for themselves—and the seniors, people with disabilities, and children who rely on these workers have benefited from a more stable and qualified workforce. Today’s decision doesn’t mean these workers’ voices will be silenced, but it does mean we have our work cut out for us – and that begins now.

The case involved an Illinois state law that authorized home care workers paid by the Medicaid program to decide, by majority vote, whether to join a union. (There are more details on the Harris case in this earlier post.) These workers provide home health services to individuals needing care, ensuring that people with disabilities and the elderly are able to stay in their own homes and avoid institutionalization, when possible. The workforce is large, often isolated, and turnover is high; allowing workers to form a union to negotiate with the state gives them input into their working conditions. Read more »

Serving Up the Truth About Sexual Harassment, With a Side of Commonsense

Written by Nikki Lewis, Executive Director, DC Jobs with Justice, and Liz Watson, Senior Counsel and Director of Workplace Justice for Women, NWLC

What do you call the person who can make you stay late at work, who decides who works the night shift and who works days, who works the cash register and who cleans the toilets? You call that person the boss. But exactly one year ago today, the Supreme Court said that if the person who directs your daily work harasses you, unless they also have the power to hire and fire you, the strong protections that are supposed to kick in when bosses harass their subordinates do not apply.

Right about now, you might be scratching your head thinking that this doesn’t make any sense. And you would be right. But let us explain how we ended up with this terrible rule and what can be done about it. Read more »