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Ketanji Brown Jackson on Jobs
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Follows precedent in workplace racial discrimination cases
Reuters reviewed 25 cases in which Jackson issued substantive rulings as a U.S. district court judge in Washington from 2013 to 2021 involving plaintiffs who made claims of racial discrimination, most involving the workplace. Of the 25 cases, 22 were
pursued by Black plaintiffs. Jackson ruled against 19 of the Black plaintiffs.She ruled in favor of plaintiffs in only 3 of the cases. "Plaintiffs in employment discrimination cases lose a lot; they are notoriously hard to win," said an employment
law expert.
In one case, Jackson declined to certify racial discrimination claims brought by two Black workers against defense contractor Lockheed Martin Corp as a class action that would have involved potentially more than 5,000 employees.
Jackson's rulings show that she followed Supreme Court precedent in analyzing cases brought under the federal law that prohibits employment discrimination, a claim that can be difficult to prove because plaintiffs rarely have direct evidence of bias.
Source: Reuters on 2022 SCOTUS Confirmation Hearings
, Mar 17, 2022
Lengthy discovery needed in employment discrimination cases
In Ross v. U.S. Capitol Police, an employment discrimination case, Judge Jackson addressed a motion to dismiss from the US Capitol Police. Judge Jackson observed that summary judgment [should come only] "after the plaintiff has been given adequate time
for discovery." Jackson considered that general principle to be especially important in employment discrimination cases, where a plaintiff's success often depends on the whether a defendant's proffered reasons for taking an employment action are
pretextual. As Judge Jackson observed, without the benefit of discovery, "it is hard to fathom that the plaintiff would be able to present any evidence related to the employer's reasons for the adverse employment action at all, much less evidence that
would be a sufficient basis upon which a rational jury could conclude that the defendant intentionally discriminated [or retaliated] against the plaintiff." Based on this analysis, Jackson concluded that a motion for summary judgment was premature.
Source: Cong. Research Service on 2022 SCOTUS Confirmation Hearings
, Mar 14, 2022
Reversed narrowing of federal collective bargaining rules
Labor groups--longtime allies of Biden--were vocal about wanting a nominee with a record of backing workers' rights. Jackson's first written opinion as a DC Circuit judge was a win for federal employees. In a 3-0 decision earlier this month,
the court struck down a 2020 policy change by the Federal Labor Relations Authority that narrowed the circumstances when agencies were required to engage in collective bargaining before making changes to work conditions.
Source: BuzzFeed.com on 2022 SCOTUS Confirmation Hearings
, Feb 25, 2022
Page last updated: Mar 21, 2022