NELA strongly opposes the appointment of Judge Amy Coney Barrett to the U.S. Supreme Court. NELA, along with a sizable majority of Americans polled, believes that there should be no confirmation of the Court’s next Justice until after inauguration day in 2021. Early voting in the November election is underway; this important decision should be left to the next president and Senate, after the people have spoken.
A comprehensive review of Judge Barrett’s record makes it abundantly clear that she is a threat to the working people of this country and the civil rights protections for which so many have fought.
Judge Barrett’s decisions reflect an utter failure to grasp the realities of the workplace for regular, everyday working people. She sided with corporations and employers over working people in 83 percent of the employment-related cases reviewed.
These are just a few examples of Judge Barrett’s disregard for worker protections:
Barrett Upholds Racial Discrimination
Barrett authored the opinion in Terry Smith v. Illinois Department of Transportation, concluding that a Black employee who was called the "N” word in his workplace had not established that he faced a hostile work environment.
Barrett Upholds Racial Segregation
In EEOC v. AutoZone, Barrett voted against rehearing the case that upheld the defendant’s practice of assigning employees based on race. The ruling was described by a fellow judge as permitting a "separate but equal arrangement.”
Barrett Upholds Age Discrimination
Barrett ruled in an age discrimination suit, Kleber v. Carefusion Corporation, that the "disparate impact” provision of the Age Discrimination in Employment Act does not apply to job applicants, only to current employees, an interpretation a fellow judge called "baffling.”
These are but a few of the numerous rulings revealing Judge Barrett’s predilection for protecting employers rather than upholding the civil rights laws employees rely on for a just, fair, and safe workplace.
The American people deserve to have their voices heard in this election. Working people deserve better than Judge Barrett.
