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It is most gratifying to see that certain of the RCC Lockstep Five of the U.S. Supreme Court have found it possible to step out of lockstep in regard to workers' rights vs. corporate rights.
As noted above, Justices Roberts, Alito and Kennedy have found it in their hearts to rule:
The failure to file the proper form to complain about job-related age discrimination does not deprive an employee of the ability to go into court later with a discrimination lawsuit....
click here new 7-2 decision of the Court decisively reverses a previous trend and allows for a “permissive standard” that would not shut the door on workers who could not afford the lawyers that corporations surrounded themselves with, "who could be expected to make a layman’s mistakes."
Well! And about time!
The old stinky holdouts:
.... Justices Clarence Thomas — a former chairman of the Equal Employment Opportunity Commission — and Antonin Scalia. Justice Thomas, referring to the age discrimination law by its initials, complained that the majority had adopted a standard “so malleable that it effectively absolves the E.E.O.C. of its obligation to administer the A.D.E.A. according to discernible standards.” The court had employed “utterly vague criteria,” Justice Thomas said. Justice Scalia signed the dissent....
Of course, no one ever expects those two to wise up and change their ways, to understand what America is truly about, and that's just fine, as long as there is a certain degree of decency and fairness within the majority of the court.
