Democrats have been trying to reverse decisions from the Gross v. FBL Financial Services and Circuit City v. Adams Supreme Court cases, both of which deal with prominent labor issues. Gross v. FBL raised the standard required for proof of age discrimination, saying that dismissal where age was possibly a motivating factor was not sufficient. Circuit City v. Adams addressed issues of required arbitration. Democrats spoke against both decisions in a judiciary council Wednesday, saying that they violated civil rights, and have begun a legislative process for overturning the decisions. The Senate discussed an amendment proposed by Al Franken Tuesday that would restrict funding to contractors who require their employees to settle issues through arbitration and not in the courts, and have drafted legislation that would loosen 'proof' requirements.
See "Democrats seek to override 2 Supreme Court labor decisions", Kristina Peterson, The Wall Street Journal, October 6, 2009