Ketanji Brown Jackson on Jobs



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

  • Click here for definitions & background information on Jobs.
  • Click here for a profile of Ketanji Brown Jackson.
  • Wiki Profile of Ketanji Brown Jackson.
  • Click here for VoteMatch responses by Ketanji Brown Jackson.
  • Click here for AmericansElect responses by Ketanji Brown Jackson.
  • Click here for all excerpts for Ketanji Brown Jackson.
Other Justices on Jobs: Ketanji Brown Jackson on other issues:
Samuel Alito(since 2006)
Amy Coney Barrett(since 2020)
Stephen Breyer(since 1994)
Neil Gorsuch(since 2017)
Ketanji Brown Jackson(nominated 2022)
Elena Kagan(since 2010)
Brett Kavanaugh(since 2018)
John Roberts(since 2005)
Sonia Sotomayor(since 2009)
Clarence Thomas(since 1991)

Former Justices:
Merrick Garland(nominated 2016)
Ruth Bader Ginsburg(1993-2020)
Anthony Kennedy(1988-2018)
Antonin Scalia(1986-2016)
John Paul Stevens(1975-2010)
David Souter(1990-2009)
Sandra Day O'Connor(1981-2006)
William Rehnquist(1975-2005)

Party Platforms:
Democratic Platform
Green Platform
Libertarian Platform
Natural Law Platform
Reform Platform
Republican Platform
Tea Platform
Civil Rights
Foreign Policy
Free Trade
Govt. Reform
Gun Control
Health Care
Homeland Security
Social Security
Tax Reform

Page last updated: Mar 21, 2022