Monday, April 3, 2017

You Can Kiss Any Discrimination Cases Goodbye With A Gorsuch Supreme Court

Earl Ofari Hutchinson

The anti-labor, pro-business, blind eye toward discrimination rulings, dissents, opinions and writings of Trump’s SCOTUS nominee Neil Gorsuch have been well-documented. But here’s a brief recap. Between 2007 and 2016, in ten of 14 cases involving discrimination, he shot down all union and employee litigant arguments charging discrimination in back pay, hiring, and termination cases. In a case in 2012, involving pay and an employee termination, he made clear that the burden to prove discrimination is always on the petitioner.

He applied his “originalist” read of the law to cases involving trucker rights, safety and health, and the termination of a whistleblower. In a 2016 case involving an employee suit that charged retaliation, Gorsuch blasted the long-standing standard that permitted indirect evidence of employment discrimination. He flatly stated that the standard had “no useful role to play in First Amendment retaliation cases.” He didn’t stop there. Even more ominously, he noted that the standard may have no application in Title VII discrimination cases “because of the confusion and complexities its application can invite.”

Read full story on The Huffington Post

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