Last month, the U.S. Supreme Court overturned the Chevron Doctrine, a legal doctrine that allowed bureaucratic regulators to interpret and implement rules and regulations relating to statutes passed by Congress.
Under Chevron, where the intention of a statute was made clear by Congress, courts were to reject any further interpretation; where a statute was silent or ambiguous, agencies were given the authority to “advance permissible construction of a statute” and the courts generally deferred even if the court would have reached a different conclusion.
That all changed last month, when the U.S. Supreme Court overturned Chevron, ruling that “courts must exercise their independent judgement when deciding whether and agency has acted within its statutory authority”, prohibiting the court from simply deferring to an agency’s interpretation of an ambiguous statute.
In the employment law arena, the overturning of Chevron may make interpretations and regulations by agencies such as the Employment (EEOC) and Department of Labor (DOL) vulnerable to legal challenges:
- The EEOC has long had broad rulemaking authority related to employment discrimination issues under the ADA, ADEA, Title VII of the Civil Rights Act of 1964, and, more recently, the Pregnant Workers Fairness Act (PWFA). Absent the interpretive deference courts had to show agencies under Chevron, the EEOC’s guidance and regulations will most certainly be scrutinized more vigorously by the courts potentially resulting in conflicting decisions.
- Even before Chevron was overturned, the DOL was facing legal challenges for exceeding statutory authority regarding two rules that impact many workers. Cases involving salary threshold rules for FLSA overtime-exempt workers and rules for determining the existence of an independent contractor relationship have been winding their way through court, which can now be evaluated without deference to the DOL of interest to employers and employees alike.
Contact an Experienced Employment Law Attorney for Help
In the absence of Chevron, the legal landscape is bound to get interesting with regard to employment law. The onus is on employers to be informed of employment law, agency guidance and judicial decisions to ensure that they do not violate employee rights in the workplace. If you have been discriminated against on the job, subjected to sexual harassment, terminated unfairly, or denied employment benefits, contact our experienced employment law attorneys at Alan C Olson & Associates at 262-785-9606.
