Small Biz And The Supreme Court
There is no question that the Supreme Court’s decisions impact the small business. In fact, studies have shown that more than 40 percent of the court’s cases deal with issues that directly affect the business community. Those issues include employment, civil rights, insurance, workplace injury, environmental regulations and product liability issues.
Unfortunately, the 2007-2008 term is likely to receive mixed reviews from the business community. While the court provided small business with several important victories, many of its decisions in the area of employment law do not favor employers and will make it much harder for small business owners to defend themselves against allegations of discrimination.
Employers scored an important victory in Chamber v. Brown, when the court rejected California’s attempt to restrict employers’ communication with employees during a union drive. This decision will allow California small business owners the rights provided to them under the National Labor Relations Act, and serves as a warning to other state legislatures considering regulating employers’ speech.
The court’s 7-1 ruling in Meacham v. Knolls will make it easier for workers to pursue age discrimination lawsuits. The court determined that when older workers are disproportionately affected by employment decisions, the employer bears the burden of showing that reasons other than age discrimination were responsible for the outcome.
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Photo by film.dc.gov.
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