With the recent nomination of Judge Brett Kavanaugh to the Supreme Court, many in the legal and business world are wondering if his appointment will be helpful or harmful to employers. In a recent article, Joseph Greenwald & Laake principal Brian Markovitz shared his perspective with Benefits Pro.
On July 9, Brett Kavanaugh was nominated by President Donald Trump. In his career as judge, Kavanaugh has shown his support for employer interests over those of workers and those protecting employee rights. For example, he dissented in a 2010 ruling that SeaWorld failed to adequately protect its employees from the potential risks of contact between trainers and killer whales. Specifically, in his dissent, Kavanaugh pointed to a large list of sporting professions that carry potential hazards, stating that American spectators “enjoy watching these amazing feats of competition and daring, and they pay a lot to do so.”
Markovitz agreed that Kavanaugh’s confirmation would likely push the Supreme Court to be a wholly pro-business court, protecting the employers over employees. He predicted that Kavanaugh’s arrival at the Supreme Court would continue a trend of 5-4 rulings.
“That’s the real travesty of this situation,” Markovitz said. “There was one point in time where the court . . . based decisions on judicial scholarship and thought. Now, it’s almost full politics.”
To read the full article, click on the National Law Journal logo below.
Brian Markovitz is a principal in JGL’s Labor and Employment and Civil Litigation practice groups and focuses on helping victims who have suffered severe injustices in the workplace. He represents individuals in complex employment litigation and appellate matters involving wrongful termination, retaliation by employers in response to reporting fraud or misconduct and discrimination on the basis on race, gender, age and sexual orientation.
To read the full article, click on the Benefits Pro logo below.
Brian Markovitz is a principal in JGL’s Labor and Employment and Civil Litigation practice groups, and focuses on helping victims who have suffered severe injustices in the workplace. He represents individuals in complex employment litigation and appellate matters involving wrongful termination, retaliation by employers in response to reporting fraud or misconduct and discrimination on the basis on race, gender, age and sexual orientation.
