American Bar Association
The U.S. Supreme Court's 1996-1997 Term will surely not be remembered among lawyers for its decisions in the employment area. Most of these decisions involved narrow questions of statutory interpretation, and for the most part the Court has handed down opinions consistent with existing case law. There was not one National Labor Relations Act (NLRA) decision this Term and the two employment discrimination cases involved fairly technical issues of statutory interpretation. The feeling of a quiet year is put across by simply reading the statutes at issue other than Title VII: the Federal Employers' Liability Act (FELA) (one case), the Longshore and Harbor Workers' Compensation Act (LHWCA) (two cases), the Jones Act (one case), the Employee Retirement Income Security Act of 1974 (ERISA) (four cases, three involving preemption), and the Fair Labor Standards Act (FLSA)7 (one case).
Keith N. Hylton,
Labor and the Supreme Court: Review of the 1996-1997 Term
Available at: https://scholarship.law.bu.edu/faculty_scholarship/2177