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West Coast Employment Lawyers is open 24/7 and fully operational during the COVID-19 quarantine. We are available to serve all of our personal injury clients, as well as potential new clients. Please feel free to contact us anytime.

The Nomination of Amy Coney Barret to Supreme Court Could Impact Employment Law


Oct 21, 2020

Judge Amy Coney Barrett, of the Seventh Circuit, is pending approval to her nomination as Supreme Court Judge. According to Roll Call, she could be approved as soon as October 26th. What’s at stake with the conservative Barrett’s nomination is the speculative changes she can enact surrounding equal rights for many people throughout the country – including employees.

Her nomination came swiftly after the death of Justice Ruth Bader Ginsburg that occurred on September 18th. Ginsburg’s dying wish was to delay nomination to the Supreme Court until after the November election. However, President Trump took quick action to nominate Barrett.

According to Women’s Wear Daily, speculation around Barret’s influence to enact changes to anti-discriminatory protections for employees comes after her presentation of more narrow-minded and conservative values.

According to NPR, in a 2019 case, Judge Amy Barret rules against a truck driver who claimed that he was fired due to his race after his boss called him the N-word. She claimed that the N-word is merely an epithet and cannot win his case on that basis. If these are the types of values and biases, she brings to the supreme court, employees could have a harder time getting a ruling in their favor against their employer.

Not only this but what’s also at stake is the rights of gig-workers to health insurance and benefits. The Sacramento Bee reports that in August 2020, Barret ruled against Grubhub food delivery drivers who filed a class action against the large app-based food delivery company. She claimed that they should go through arbitration instead, which has a history of having a more favorable outcome for the company than the employee.

Speculation arises that if Judge Barret influences cases like these to go to arbitration rather than to the Supreme Court as a class action, many employees face even greater challenges to winning their case.

If Amy Coney Barret becomes a Supreme Court Judge, she could influence employment law and practices throughout the country. Employers could feel more liberal with their abuses, and employees more powerless.

The team of employment attorneys at West Coast Employment Lawyers are here to support you through this time. Contact us to set up a free consultation to have your case heard. Give us a call anytime, as we’re available 24/7 at (213) 927 – 3700 or email us at info@employmentattorneylosangeles.com

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