In today’s news and commentary, the Supreme Court denies Cemex’s emergency request to pause enforcement of an NLRB bargaining order, employers may still face Title VII liability for English-only workplace policies despite the EEOC’s planned rescission of longstanding guidance, and a Texas federal judge rejects an injunction in an NLRB removal protections challenge.
On Monday, Justice Elena Kagan denied Cemex Construction Materials Pacific LLC’s emergency application to stay enforcement of a Ninth Circuit mandate requiring the company to bargain with the International Brotherhood of Teamsters. Earlier this year, the Ninth Circuit upheld the NLRB’s bargaining order under the Supreme Court’s 1969 NLRB v. Gissel Packing Co. decision, concluding that the Board could require bargaining without a rerun election based on Cemex’s unfair labor practices. The court declined to address the validity of the Board’s 2023 Cemex Construction Materials Pacific decision, which established a new framework governing union representation proceedings. Cemex argued that being forced to bargain before the Supreme Court has an opportunity to review the Board’s new framework would cause irreparable harm. Following Justice Kagan’s rejection, Cemex filed a motion to renew the company’s stay application before Justice Samuel Alito.
Meanwhile, employment attorneys are cautioning employers against interpreting the EEOC’s planned rescission of its 1980 national origin discrimination guidance as a green...
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