Dive Brief:
- Justice Antonin Scalia was known for his conservative views, but his decisions in employment law cases are hardly one-dimensional, according to an article at JDSupra.
- In the Abercrombie head scarf case, for example, Justice Scalia wrote the majority opinion that found in favor of the plaintiff, describing the case as a “really easy” one. He wrote that an applicant for a job who was wearing a head scarf only has to show that her need for the company to accommodate her religious beliefs was a “motivating factor” in its decision not to hire her.
- On the contrary, the article reports that in the Young v. UPS case, Justice Scalia dissented from a decision that favored the employee. His criticism was especially sharp, writing that the claim was “inventiveness posing as scholarship - which gives us an interpretation that is as dubious in principle as it is senseless in practice," the article says.
Dive Insight:
The article goes on to show how Justice Scalia often sided with employers, but now and then surprised court observers with his decisions. For example, in Thompson v. North American Stainless, LP, Justice Scalia wrote the majority opinion, which expanded Title VII’s anti-retaliation provisions to cover people (such as another employee’s fiancee) within the “zone of interests” sought to be protected by the statute.
In another case, O’Connor v. Consolidated Coin Caterers, he favored a plaintiff/employee, writing that that age discrimination only needed the proof that that the jettisoned employee was replaced by someone “substantially younger."
Scalia's legacy shows that no matter the political leanings of the next justice, Supreme Court cases are worthy of close tracking. Surprises aren't entirely uncommon.
