Alito's record on discrimination.
Sen. Kennedy’s claim today about Judge Alito’s decisions in race discrimination cases was inconsistent with the facts—demonstrably so.
SEN. KENNEDY: “In an era when America is still too divided by race and by riches, Judge Alito has not written one single opinion on the merits in favor of a person of color alleging race discrimination on the job: in 15 years on the bench, not one.”
The record, though, shows the opposite: Judge Alito has ruled time and again for employees claiming racial discrimination. For example:
· In Reynolds v. USX Corp., Judge Alito ruled that a black woman whose co-workers and supervisors regularly made racial and sexual slurs against her and denied her training opportunities was entitled to $124,000 in damages and attorneys’ fees.
· In Zubi v. AT&T Corp., Judge Alito authored a lone dissent, arguing against a stringent limitations period in which civil-rights plaintiffs must file their claim. The Supreme Court unanimously vindicated Judge Alito’s position four years later.
· In Smith v. Davis, Judge Alito held that the district court was wrong to dismiss the African-American employee’s claims of discrimination. Judge Alito found that there was evidence to support a finding that the employer’s stated reasons for firing the plaintiff were not genuine.
· In Goosby v. Johnson & Johnson, Judge Alito ruled that the plaintiff, a black woman, was entitled to a trial on her claims of employment discrimination. Judge Alito concluded that there was evidence that the employer was willing to overlook problems with white, male employees that it held against the plaintiff.