Employment discrimination law is primarily concerned with exclusion from good jobs. Yet this leaves unaddressed a corresponding problem: employers seeking out marginalized workers in order to reduce worker pay, degrade working conditions, and minimize the chance of unionization.
Luke Herrine, Noah Zatz, Veena Dubal, Blake Emerson, Diana Reddy, Nate Holdren, Caroline Grueskin, and Charlotte Garden offer their initial reactions to the Court's decision blocking OSHA's vaccine-or-test mandate.
In recent years, unions have experimented with a strategy of "bargaining for the common good". But, as we have seen with teachers unions and school opening in the pandemic, unions and the general public do not always agree on what the "public good" is. What follows?