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Season 6, Episode 138

Supreme Court Decisions Highlight Flaws in Labor Law Protections

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Guest Name:


Andrew Strom

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OnLabor Blog: Andrew Strom 

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Andrew Strom, labor lawyer, joined the America's Work Force Union Podcast to discuss recent U.S. Supreme Court decisions involving a disabled firefighter, an Apple Store in New York and a Starbucks location in Los Angeles.

The case of a disabled firefighter, Karen Stanford, revealed how the Supreme Court's interpretation of the Americans with Disabilities Act (ADA) can limit workers' ability to seek justice. Strom explained that the majority opinion prevented Stanford from suing after retirement, demonstrating a narrow reading of the law that fails to consider legislative intent. Justice Ketanji Brown Jackson's dissent, Strom noted, powerfully argued for a more comprehensive interpretation that aligns with the ADA's purpose of protecting workers from discrimination.

Strom then discussed two cases involving union organizing efforts at an Apple Store in New York and a Starbucks in Los Angeles. These cases, heard in the 5th U.S. Circuit Court of Appeals and the 8th U.S. Circuit Court of Appeals, respectively, showcase how employers can exploit the current legal system to challenge National Labor Relations Board decisions. Strom emphasized how these rulings, which sided with employers on questionable grounds, illustrate the need for labor law reform to better protect workers' rights to organize.

The conversation also touched on the broader implications of these decisions for the labor movement. Strom explained that the courts' interpretations of labor laws often favor employers, making it increasingly difficult for workers to exercise their rights. He stressed the importance of understanding these legal challenges and the need for continued advocacy to strengthen labor protections.

Listen to the full episode to learn more about these labor law issues and their impact on workers' rights.


America’s Work Force is the only daily labor podcast in the US and has been on the air since 1993, supplying listeners with useful, relevant input into their daily lives through fact-finding features, in-depth interviews, informative news segments and practical consumer reports. America’s Work Force is committed to providing an accessible venue in which America's workers and their families can hear discussion on important, relevant topics such as employment, healthcare, legislative action, labor-management relations, corporate practices, finances, local and national politics, consumer reports and labor issues.

America’s Work Force Union Podcast is brought to you in part by our sponsors: AFL-CIO, American Federation of Government Employees, American Federation of Musicians Local 4, Alliance for American Manufacturing, Anthem Blue Cross Blue Shield, Brotherhood of Maintenance of Way Employes-IBT, Boyd Watterson, Columbus/Central Ohio Building and Construction Trades Council, Communication Workers of America, Mechanical Insulators Labor Management Cooperative Trust, International Association of Heat and Frost Insulators and Allied Workers Local 50, International Federation of Professional and Technical Engineers, International Union of Bricklayers and Allied Crafts, International Union of Painters and Allied Trades District Council 6, Ironworkers Great Lakes District Council, Melwood, The Labor Citizen newspaper, Laborers International Union of North America, The National Labor Office of Blue Cross and Blue Shield, North Coast Area Labor Federation, Ohio Federation of Teachers, United Labor Agency, United Steelworkers.

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