to view/print. - Bakery, Confectionery, Tobacco Workers and Grain ...

Supreme Court WhittlesAway at Worker RightsOOne of the defining features ofAmerican democracy is the institutionsthat are in place to protectits citizens from harm andabuse. Unfortunately, within athree-month period, the U.S.Supreme Court has significantlyhandicapped three such institutionsthat were designed to protectcitizens in the workplace:the Americans With DisabilitiesAct (ADA), the Family Medicaland Leave Act (FMLA), and theNational Labor Relations Act(NLRA). The nations highestcourt ruled against workersincluding undocumented workersemployment rights, the right ofemployees to be informed oftheir right to unpaid leave, andthe right to classify ergonomicinjuries (carpal tunnel syndrome,for example) as a disease.Here is a brief summary ofthose cases and their significance:Hoffman PlasticsCompound vs. NLRBFACT: The Court ruled 5-4that illegal immigrants fired forunion activity protected underthe National Labor Relations Actdo not have the right to demandback-pay.SIGNIFICANCE: The Courtruled in a separate decision thatundocumented workers, of whichthere are an estimated 10 millionworking in the U.S., are protectedunder federal labor laws,echoing President Bush’s desireto have these workers protected.Taking away their right to backpaycompromises that protectionand encourages companies touse undocumentedworkersinstead of legalcitizens.IMPACT:Companies willcontinue the trendof hiring illegalimmigrants andfiring them, with impunity, whenthey attempt to organize, an actthey cannot do legally againstU.S. citizens.Ragsdale vs. WolverineWorldwideFACT: In another 5-4 decision,the Court ruled that there isno legal authority for a ClintoneraLabor Department regulationpenalizing companies that fail tonotify employees of their right to12 weeks of unpaid emergencyleave stipulated under FMLA.SIGNIFICANCE: Writing indissent, Justice Sandra DayO’Connor wrote that the individualizedFMLA notice “not onlyassists employees in enforcingtheir entitlement to 12 weeks ofleave, but also helps them takeadvantage of their other rightsunder the Act.” Rights such asintermittent leave, continuationof health benefits, the ability tosubstitute accrued paid leave,and the right to a similar positionupon return from leave.IMPACT: Workers must noweducate themselves, or be educatedby their unions, abouttheir rights under the FMLA.Toyota vs. WilliamsFACT: In a unanimous decision,the Court ruled that carpaltunnel syndrome is not a diseaseas defined by the AmericansWith Disabilities Act (ADA).Williams, a former Toyotaassembly-line worker who sufferedfrom work-related carpaltunnel syndrome, requested ajob within the plant that wouldnot aggravate her condition, aswas her right under the ADA.Toyota refused and Williams wasforced to resign. She filed suitclaiming her right to accommodationunder the ADA had beendisregarded by the company.SIGNIFICANCE: The Courtreasoned that a condition couldonly be defined as a disability ifit limited a person’s ability toperform “major life activities.”The Court reasoned that theseactivities could include brushingteeth or hair, or householdchores— activities Williams wasstill able to perform. Labor andhealth activists argued that aperson’s work life constituted a“major life activity” and thatimpairments that limit a person’sability to work should thereforebe considered a disability.IMPACT: The definition ofdisability has been narroweddramatically and delegitimizesthe severity of ergonomic disorderslike carpal tunnel syndrome.10BCTGM News