Michael Passarella Quoted in SHRM on Supreme Court Nominee Kavanaugh’s Rulings on Workplace Issues

Employment Practices partner Michael J. Passarella was quoted in Society for Human Resource Management (SHRM) on the potentially forthcoming nomination of Brett Kavanaugh to the U.S. Supreme Court and, if he is confirmed, what his appointment could mean for future rulings on workplace issues. Attempting to ascertain Kavanaugh’s jurisprudence should he take the bench of the highest federal court in the country, experts disagree on whether Kavanaugh might rule more consistently in favor of employers or in favor of employees in labor law matters. Mr. Passarella, whose practice encompasses all areas of labor/employment law, commented, “Justice [Anthony] Kennedy was viewed as a reliable vote for the employer community in many cases, and I would not expect much to change with Judge Kavanaugh.” During his tenure as a federal appeals court judge, Kavanaugh has at times ruled against pro-employee decisions made by the National Labor Relations Board (NLRB) in labor relations disputes. He has, however, ruled in employees’ favor in cases involving racial discrimination, His prospective rulings on LGBTQ issues are at best unclear, Mr. Passarella points out, signaling a possible deviation from the way Kavanaugh’s predecessor, Justice Kennedy, would have been expected to rule on such matters.