Judge Gorsuch Has an Anti-Worker, Pro-Corporate Record

March 7th, 2017

Judge Gorsuch Has an Anti-Worker, Pro-Corporate Record

Judge Gorsuch Has an Anti-Worker, Pro-Corporate Record

Raises Serious Concerns Given the Many Important Issues Coming Before the Court


Supreme Court Nominee Judge Neil Gorsuch has consistently favored big money, powerful special interests over the rights of working people, siding with insurance companies denying disability benefits and employers discriminating against employees.


Key takeaway: From the Associated Press: “His worker's rights opinions are often sympathetic but coldly pragmatic, and they're usually in the employer's favor.”  Sympathetic words ring hollow to workers on the losing end of a case denying them benefits or fair treatment.


·         In employment discrimination cases, Bloomberg found he has sided with employers 66% of the time (8 out of 12 cases); in one of the few cases he sided with an employee, it was a Republican woman who alleged she was fired for being a conservative.

·         He repeatedly sided with insurance companies who wanted to deny disability benefits to employees.

·         He wrote in an article in 2005 that securities class actions were just tools for plaintiffs’ lawyers to get ‘free ride[s] to fast riches.’


Worker Safety: Judge Gorsuch has sided with employers over the safety concerns of workers in even the most egregious of cases.

Take the example of a worker who was electrocuted after failing to be properly trained. When the case came before Judge Gorsuch and the 10th Circuit Court on the question of whether it was appropriate for the employer to be penalized by the Department of Labor’s safety division, Judge Gorsuch sided with the employer.


Disability Rights: Judge Gorsuch has shown a hostility toward upholding disability rights.

Take the example of a Kansas State University professor who battled breast cancer, then leukemia. She lost her job and couldn’t get rehired after the university wouldn’t extend her six-month sick leave, so she sued for discrimination based on disability. Judge Gorsuch sided with the university.


The Right to Organize: Judge Gorsuch’s anti-worker record suggests he will side with the conservatives on the Supreme Court in their ongoing campaign to cut back on the right to organize.

The Roberts Court has already cut back on organizing rights in cases like Harris v. Quinnwhich limited the ability of unions to collect fees.  The Court was poised to go even further last year in Friedrichs v. California Teachers Association, which challenged public-sector unions, but the Court deadlocked in that case after Justice Scalia’s death.   Judge Gorsuch’s record of hostility to the rights of workers suggests that he will pick up where Justice Scalia left off.


We have serious concerns about Judge Gorsuch’s ability to stand up for working people over special interests. His record demonstrates that he, more often than not, sides with the powerful or wealthiest few over everyday Americans

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