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Posts by SLU Law's Center for Employment Law

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Excellent presentation by @templelaw.bsky.social’s Jennifer Lee about worker movements and local legal reforms in Philadelphia. 💜#lawschoolclinics @sluworklaw.bsky.social

1 month ago 1 1 0 0
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At today’s @sluworklaw.bsky.social symposium. I had to miss Michael Z. Green’s keynote, alas, to teach! But I just learned that “Let the welfare of the people be the supreme law” is #Missouri’s state motto! #worklaw

1 month ago 2 1 0 0

Noteworthy that in Ames all the Justices joined opinion relying on Bostock w/o filing a separate concurrence disagreeing w/Bostock as precedent. By contrast in SFFA Alito joined Gorsuch’s concurrence citing Bostock while also noting his continued disagreement

www.supremecourt.gov/opinions/24p...

10 months ago 19 4 1 1
Screenshot of SCOTUS opinion in Ames v. Ohio Dept of Youth Servs.
Petitioner Marlean Ames, a heterosexual woman, has worked for the 
Ohio Department of Youth Services in various roles since 2004. In 
2019, the agency interviewed Ames for a new management position
but ultimately hired another candidate—a lesbian woman. The agency
subsequently demoted Ames from her role as a program administrator
and later hired a gay man to fill that role. Ames then filed this lawsuit 
against the agency under Title VII, alleging that she was denied the
management promotion and demoted because of her sexual orienta-
tion. The District Court granted summary judgment to the agency, 
and the Sixth Circuit affirmed. The courts below analyzed Ames’s 
claims under McDonnell Douglas Corp. v. Green, 411 U. S. 792, which 
sets forth the traditional framework for evaluating disparate-
treatment claims that rest on circumstantial evidence. At the first step 
of that framework, the plaintiff must make a prima facie showing that 
the defendant acted with a discriminatory motive. Like the District 
Court, the Sixth Circuit held that Ames had failed to meet her prima 
facie burden because she had not shown “ ‘background circumstances 
to support the suspicion that the defendant is that unusual employer 
who discriminates against the majority.’ ” 87 F. 4th 822, 825. The 
court reasoned that Ames, as a straight woman, was required to make 
this showing “in addition to the usual ones for establishing a prima-
facie case.” Ibid. 
Held: The Sixth Circuit’s “background circumstances” rule—which re-
quires members of a majority group to satisfy a heightened evidentiary 
standard to prevail on a Title VII claim—cannot be squared with the 
text of Title VII or the Court’s precedents. Pp. 4–9.
(a) Title VII’s disparate-treatment provision bars employers from in-
tentionally discriminating against their employees on the basis of race,

Screenshot of SCOTUS opinion in Ames v. Ohio Dept of Youth Servs. Petitioner Marlean Ames, a heterosexual woman, has worked for the Ohio Department of Youth Services in various roles since 2004. In 2019, the agency interviewed Ames for a new management position but ultimately hired another candidate—a lesbian woman. The agency subsequently demoted Ames from her role as a program administrator and later hired a gay man to fill that role. Ames then filed this lawsuit against the agency under Title VII, alleging that she was denied the management promotion and demoted because of her sexual orienta- tion. The District Court granted summary judgment to the agency, and the Sixth Circuit affirmed. The courts below analyzed Ames’s claims under McDonnell Douglas Corp. v. Green, 411 U. S. 792, which sets forth the traditional framework for evaluating disparate- treatment claims that rest on circumstantial evidence. At the first step of that framework, the plaintiff must make a prima facie showing that the defendant acted with a discriminatory motive. Like the District Court, the Sixth Circuit held that Ames had failed to meet her prima facie burden because she had not shown “ ‘background circumstances to support the suspicion that the defendant is that unusual employer who discriminates against the majority.’ ” 87 F. 4th 822, 825. The court reasoned that Ames, as a straight woman, was required to make this showing “in addition to the usual ones for establishing a prima- facie case.” Ibid. Held: The Sixth Circuit’s “background circumstances” rule—which re- quires members of a majority group to satisfy a heightened evidentiary standard to prevail on a Title VII claim—cannot be squared with the text of Title VII or the Court’s precedents. Pp. 4–9. (a) Title VII’s disparate-treatment provision bars employers from in- tentionally discriminating against their employees on the basis of race,

Ames is out, and holds no special rule for disparate treatment for majority class member. www.supremecourt.gov/opinions/24p.... It's unanimous by Justice Jackson.

10 months ago 1 2 0 0

Panels with Profs Gillespie and Gatter coming up shortly. See you there!

@kellygillespie.bsky.social

10 months ago 1 1 0 0
Prof Rob Gatter speaking in front of a classroom with his slide talk title page in view.

Prof Rob Gatter speaking in front of a classroom with his slide talk title page in view.

First sessions of #HLPC25 Day 2 underway now with our own Professor Rob Gatter presenting his work on “Harnessing The Private Bar to Police Private Equity in Health Care.”

10 months ago 6 1 0 0
THURSDAY:

Kelly Gillespie: 10:45 AM - 12:15 PM 3B Panel: New Legal Strategies Against SUD Discrimination in Health Care

Robert Gatter: 10:45 AM - 12:15 PM 3D Panel: Corporate Financialization in Health Care: Profit, Power, Governance, and Debt

Jamille Fields Allsbrook 1:45 - 3:15 PM 4F Discussion Group: Private Law Approaches to Mediating the Harm of Abortion Bans

Theodosia Stavroulaki 3:30 - 5 PM 5D Panel: Non-Profit Hospitals and Their Communities

FRIDAY: 

Sidney Watson: 10:15 - 11:45 AM 6D Panel: Medicaid Demonstrations: Work Requirements and the Future of Sect. 1115

Danielle Pelfrey Duryea: 10:15 - 11:45 AM 6F Discussion Group: Law, Health, and Power: The Fight for Reproductive and Gender Justice in a Changing America

Heather Walter-McCabe: 1 - 2:30 PM 7A Panel: Sex and Gender

Michael Sinha: 2:45 - 4:15 PM 8F Panel: Direct to Prescription Marketing: Constitutional, Regulatory, and Ethical Implications

THURSDAY: Kelly Gillespie: 10:45 AM - 12:15 PM 3B Panel: New Legal Strategies Against SUD Discrimination in Health Care Robert Gatter: 10:45 AM - 12:15 PM 3D Panel: Corporate Financialization in Health Care: Profit, Power, Governance, and Debt Jamille Fields Allsbrook 1:45 - 3:15 PM 4F Discussion Group: Private Law Approaches to Mediating the Harm of Abortion Bans Theodosia Stavroulaki 3:30 - 5 PM 5D Panel: Non-Profit Hospitals and Their Communities FRIDAY: Sidney Watson: 10:15 - 11:45 AM 6D Panel: Medicaid Demonstrations: Work Requirements and the Future of Sect. 1115 Danielle Pelfrey Duryea: 10:15 - 11:45 AM 6F Discussion Group: Law, Health, and Power: The Fight for Reproductive and Gender Justice in a Changing America Heather Walter-McCabe: 1 - 2:30 PM 7A Panel: Sex and Gender Michael Sinha: 2:45 - 4:15 PM 8F Panel: Direct to Prescription Marketing: Constitutional, Regulatory, and Ethical Implications

The SLU Center for Health Law Studies is thrilled to be traveling to Boston for the 2025 #HealthLaw Professors Conference! We’re excited to collaborate & celebrate the incredible work happening across the field. Check out the graphic to see when you can catch our faculty presenting! #HLPC25

10 months ago 6 3 1 4
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📢 CFP: Columbia–Cornell Jr Scholars Workshop on the Political Economy of Work 🗽 Dec 5–6, 2025 in NYC!

Open to early-career scholars in law, soc, econ, poli sci, history.

Submit 1p abstract by Sept 15
✅ Feedback + mentoring
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🔗 forms.gle/vDkCHyenE5yQ...

11 months ago 10 8 0 1
Saint Louis University Law Journal | Saint Louis University School of Law

Big thanks to @sluworklaw.bsky.social for inviting me to their colloquium on religion and labor justice; and asking to author a piece in the follow-up issue of the SLU Law Journal! My contribution is: "Whose Labor Law Do We Follow? St. Louis’s Jesuits and Labor Justice."

scholarship.law.slu.edu/lj/

11 months ago 14 2 0 0

See also the current issue of the SLU Law Journal on our employment law symposium last spring: scholarship.law.slu.edu/lj/

11 months ago 0 1 0 0

Happening now, the @sluhealthlaw.bsky.social's amazing symposium on Skrmetti and the future of gender affirming care. The health law implications we will hear about today overlap and intersect with worklaw, too.

1 year ago 2 1 0 0

Excited for this symposium, which has worklaw implications, too!

1 year ago 2 1 0 0
Photo of Danielle Pelfry Duryea and Scott Hall

Photo of Danielle Pelfry Duryea and Scott Hall

Saint Louis University and SSM Health Cardinal Glennon Children’s Hospital proudly announce a new academic Medical-Legal Partnership; Danielle Pelfrey Duryea (@pelfreyduryea.bsky.social) joins as the founding Director

Read the full announcement here: www.slu.edu/law/news/202...

1 year ago 8 5 0 1
Preview
Brain Strain: Workplace Psychological Injury Compensation - Legal Talk Network Professor Michael C. Duff explores the evolving field of psychological injuries in the workplace including stress and mental trauma. Discover insightful episodes on Legal Talk Network's portfolio of l...

Don't miss this interview with Professor Duff on psychological injuries at work. legaltalknetwork.com/podcasts/wor...

1 year ago 1 1 0 0
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