CONCORD, N.H. – Civil rights advocates fear the Supreme Court's ruling in the Masterpiece Cakeshop case will encourage more attempted discrimination against LGBT people. By a 7-2 margin, the court ruled that the cake shop owner had not received an impartial hearing at the Colorado Civil Rights Commission over his refusal on religious grounds to make a wedding cake for a same-sex couple.

While the ruling did not find that the discrimination itself was permissible, Camilla Taylor, director of constitutional litigation at Lambda Legal, is concerned that the Supreme Court has opened the door to more claims of a religious right to discriminate.

"This decision invites further discrimination because it invites further litigation on the question of whether a business owner's First Amendment rights either to speech or to free exercise of religion are violated in the context of a refusal to serve a same-sex couple," she explains.

Writing for the majority of the court, Justice Anthony Kennedy cited the commission's "clear and impermissible hostility" toward the cake shop owner's sincere religious beliefs.

But while the court did not rule that discrimination against a same-sex couple is allowed, Taylor believes the ruling says the business owner's intent to discriminate may be more excusable because recognition of the right for same-sex couples to marry is so new ...

"Which is infuriating for same-sex couples who want to be treated like anybody else in the marketplace, and who simply want the same non-discrimination laws that apply to every other group to apply equally to them," she says.

Over the past 50 years, the Supreme Court has rejected claims that business owners' religious beliefs allow them to discriminate based on other criteria such as race or gender.

Taylor notes that in its ruling, the Supreme Court cited such a case, acknowledging that enforcement of nondiscrimination laws is consistent with the First Amendment, including for same-sex couples.

"We're concerned that the court is signaling that there might be a possibility in the future that the court might adopt a special rule just for same-sex couples or based on sexual orientation," she adds.

She emphasizes that this Supreme Court ruling does not carve out such an exception to nondiscrimination laws.


get more stories like this via email

Through this Saturday, Minnesota is recognizing Workplace Rights Week.

From COVID precautions to emerging technology, labor voices said there is key information some workers might not be aware of. Over the past year, Minnesota has phased in new laws such as earned sick-time requirements, which mandate one hour of fully paid sick time for every 30 hours worked.

Jeff Ambroz, director of development and communications for the Minnesota Training Partnership, said as COVID activity continues to circulate and with the cold and flu season almost here, workers should know the requirement is expansive.

"This isn't only sick time for yourself," Ambroz pointed out. "It's time that you can use to care for a sick family member, to get help if you are a victim of domestic abuse or stalking."

Workers are also encouraged to see if they can use their earned time for things such as vaccination appointments. Ambroz noted workplace environments are constantly changing with new equipment and technology. He recommended staff should maintain conversations among each other, elected officials and, if applicable, union representatives in the event such changes harm a workplace setting.

Over the summer, Minnesota also implemented a change to expand penalties and legal options in cases where a company misclassifies an employee as an independent contractor.

John Swanson, political coordinator for the International Brotherhood of Electrical Workers Local 343, said these have long been pervasive issues, especially in the construction trades.

"(These are) some things that should be common sense," Swanson contended. "But we have to have laws now to protect people from being taken advantage of."

Labor leaders said a misclassified worker can miss out on things such as health coverage and overtime pay. Other misclassification provisions specifically dealing with the construction sector go into effect next March.


get more stories like this via email

A legal expert has issued a warning that artificial intelligence tools could lead to discriminatory practices in hiring and firing.

Algorithms and AI are increasingly used by businesses through Automated Employment Decision Tools.

But Hardeep Rekhi, partner at the Seattle law firm Rekhi & Wolk, said these tools can be programmed with data that can train them to be inherently biased.

He noted that Amazon, for example, developed one of these tools to review resumes - but had to abandon it in 2018 because it was eliminating female candidates.

"This tool is only as good as the data that it's being trained on," said Rekhi, "and if that data is tainted by individuals that have bias, I worry that the tool itself will be mis-trained."

Rekhi said it's also hard to know how AI is using data to make its decisions - and claimed these tools are essentially "black boxes" that could be discriminating against certain classes of people, without the user knowing.

Rekhi said there are ways to protect people against this. During this year's legislative session in Olympia, House Bill 1951 was introduced to prohibit "algorithmic discrimination" by automated tools.

The bill didn't pass, but Rekhi said it was on the right path.

"You have to put the onus on developers of the tool and users of the tool," said Rekhi, "to make sure that whatever tool they're using isn't discriminating, and that's what the Legislature has proposed."

Rekhi said automated tools for business decisions like hiring and firing threaten the many gains made in employment practices in recent decades.

"We've worked so hard, and we've made significant progress in the field of trying to eliminate discrimination in the workplace," said Rekhi, "and I don't want this to, kind of, undo that or to hide that."




get more stories like this via email

A schoolhouse in far West Texas has been designated as a unit of the U.S. National Park System.

The Blackwell School is a former de facto segregated school, built in 1909 and used until 1965 to educate Mexican and Mexican American children in Marfa. In 2006, the Marfa Independent School District planned to demolish the building but alumni of the school started a group to save the site and its memories.

Daniel Hernandez, president of the Blackwell School Alliance, said they fought to preserve history.

"It's just such a thrilling moment for the alliance and for the Marfa community," Hernandez explained. "I think also for so many of our alumni, this really is, I think, a moment that is really, really validating and tells a more complete history of American history, and ensure that these experiences are told in the way that they deserve to be."

The site consists of the original 1909 adobe schoolhouse and a smaller classroom built in 1927. The designation permanently protects the site and helps tell the story of Texas school districts creating segregated elementary schools for Mexican American children.

The school is open for tours on Saturdays and Sundays from noon until 4 p.m., and from 9 a.m. until noon on Mondays. Hernandez noted the hours will be extended thanks to financial support from the National Parks Board. His grandparents attended the Blackwell School and he stressed the project brought the community together.

"The museum that exists there, and all the artifacts and the repository of historical significance that exists there, is because of our alumni who donated their school records and their band twirler uniforms and their letterman jackets and photographs," Hernandez outlined.

The park was authorized by the Blackwell School National Historic Site Act, signed by President Joe Biden in 2022.

Hernandez noted the building contains photographs, memorabilia and interpretive panels featuring quotes and stories from students and teachers.

"The breadth and depth of the American experience is so wide and so vast and sometimes the history books don't always reflect those experiences," Hernandez contended. "The Blackwell School, for so many Mexican Americans, they finally have this place that now stands as a manifestation of grassroots work where history is going to be examined and interpreted."


get more stories like this via email