How would appointing Brett Kavanaugh to the U.S. Supreme Court affect employment discrimination laws?

With the hearings concerning Judge Brett Kavanaugh’s potential appointment to the Supreme Court wrapping up, many are concerned with how his appointment may affect our rights, especially in terms of employment discrimination and marriage equality.

While it is impossible to know for sure until a case is argued before the court and a decision handed down, some of Kavanaugh’s previous opinions shed light on his conservative leanings and call into question his support for employment rights.

Further, when specifically questioned by Senators Kamala Harris and Cory Booker concerning whether he believed employers had a legal right to fire somebody because they are gay, Kavanaugh declined to answer. Currently this issue is unsettled as a split exists in the federal appellate circuits. Both the 7th Circuit and the 2d Circuit, as well as the Equal Employment Opportunity Commission (EEOC) have found that Title VII protects members of the LGBTQ+ community from employment discrimination, whereas the 11th Circuit have found that it does not. The issue has been appealed to the Supreme Court. If the Supreme Court decides to hear the case, Kavanaugh’s appointment could have a serious impact. His judicial record is conservative, and legal observers believe that he would likely rule against employment protections for the gay community.

With Georgia one of the leading states for LGBTQ+ discrimination, we are determined to fight to protect all employees from any type of employment discrimination. For more information or if you believe that you have suffered any type of workplace discrimination, please contact the dedicated Atlanta employment lawyers at Buckley Bala Wilson Mew LLP for an immediate case evaluation.

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