Daily Archives: December 10, 2012

DOMA and Prop 8 goes to Court

On Friday, the Supreme Court agreed to hear two cases regarding the constitutionality of the Defense of Marriage Act (DOMA) and California’s Prop 8.

In Hollingsworth v. Perry (docket 12-144), the issue os whether Proposition 8 from California is constitutional.  These are the highlights and arguments in this case.

In United States v. Windsor (docket 12-307), the issue is whether the Defense of Marriage Act (DOMA) is constitutional as it relates by providing that the definition of marriage means only a union between a man and a woman.

via Evening round-up : SCOTUSblog.

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Filed under civil rights, courts, Supreme Court

Virginia Sup Ct Holds Supervisor Can Be Personally Liable

A divided Virginia Supreme Court recently held 4-3 that a state law claim of wrongful discharge in violation of public policy may be pursued against an individual supervisor or manager who participated in the wrongful firing but was not the workers actual employer VanBuren v. Grubb, Va., No. 120348, 11/1/12.

Writing for the majority to answer a question certified by the Fourth Circuit, Justice Millette says the purpose of Virginias wrongful discharge tort is to deter firings in violation of public policy. That purpose “is best served if individual employees in a position of power are held personally liable for their tortious conduct.”

By contrast, the dissent would find “[o]nly an employer can breach that duty because only an employer has the ability to hire and fire.”

via Adjunct Law Prof Blog: Virginia Supremes Hold That Supervisor Can Be Personally Liable In Public Policy Exception Case.

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Filed under employment, legal decision