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In an important development in employment retaliation law, in April the federal appeals court whose area includes Texas allowed a retaliation claim by a female employee who, when asked to be a witness, supported a fellow female employee’s complaint that a male supervisor had insisted on looking at that employee’s derriere.  Such a complaint isn’t  ordinarily enough for a claim of sexual harassment under Title VII of the Civil Rights Act of 1964, but the court allowed the witness’ retaliation claim anyway.…

On March 29th, the U.S. Supreme Court deadlocked 4-4 in the case of Friedrichs v. California Teachers Association, a closely-watched case on the constitutionality of fees public unions charge non-members.  In the Supreme Court, a tie has the effect of affirming a lower court decision, which in this case had gone in favor of the union.  Justice Antonin Scalia, who died on February 13th, had been expected to cast the deciding vote against the union, but his death resulted in…