This post analyzes Judge Brett Kavanaugh’s most significant work-law opinions. Although several are already receiving attention and analysis – especially his dissent in a case that arose after a killer whale killed a trainer – Kavanaugh has drafted dozens of other opinions in labor and employment-discrimination cases. Overall, these opinions reflect that Kavanaugh tends to interpret narrowly the limits that work law places on employers, resulting in judicial and agency deference to employers’ decisions. For example, Kavanaugh has interpreted statutes or controlling Supreme Court cases in ways that exclude certain workers from coverage or bar certain types of claims. When he writes in cases in which he parts ways with his colleagues, it is often because he has a more employer-friendly view of the law than they do.
This article was submitted by Sara R. Blevins, Lewis Kappes PC. If you would like to submit content or write an article for the Labor & Employment Law Section, please email Kara Sikorski at email@example.com.