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The Kavanaugh Tilt: Conservative Justices Could Revamp Workplace Law

Oct. 18, 2018, 10:27 AM

The U.S. Supreme Court’s view on affirmative action and employee rights to band together could see a dramatic shift under the court’s newly reconstituted conservative majority, legal scholars told Bloomberg Law.

The rightward shift on the high court has the potential to throw up roadblocks to corporate efforts to remedy the impacts of systemic racism and sexism in some jobs, lift legal safeguards for the vast majority of U.S. workers who aren’t unionized, and rework other laws governing the workplace.

Replacing Justice Anthony Kennedy, who cast the deciding vote in many 5-4 rulings, with Justice Brett Kavanaugh has left the ...

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