From In These Times:

In employ­ment cas­es that Bar­rett has seen, she has adopt­ed large­ly anti-work­er — and on two occa­sions, racial­ly dis­crim­i­na­to­ry — posi­tions. In 2017, Bar­rett vot­ed not to re-hear U.S. Equal Employ­ment Oppor­tu­ni­ty Com­mis­sion v. Auto­zone, in which a three-judge pan­el ruled in favor of an Auto­zone which had seg­re­gat­ed its stores based on race. In a 2019 case, she ruled against a Black Illi­nois Depart­ment of Trans­porta­tion work­er who had alleged that his fir­ing was racial­ly-moti­vat­ed, giv­en racist ver­bal harass­ment he expe­ri­enced on the job. And this year, Bar­rett ruled that Grub­Hub dri­vers could not file a class action law­suit against their employ­er — a blow to work­ers in the rapid­ly expand­ing gig economy. 

If appoint­ed, Bar­rett would cement the con­ser­v­a­tive major­i­ty on a court that has already demon­strat­ed a strong anti-work­er ten­den­cy. In two major labor cas­es in the last three years the Supreme Court ruled 5 – 4 to curb union and work­er pro­tec­tions. In Epic Sys­tem Corp. v. Lewis, the Supreme Court deter­mined that employ­ers could con­trac­tu­al­ly oblig­ate work­ers to for­go their right to col­lec­tive­ly sue the employ­er — before the deci­sion, class action law­suits were regard­ed as ​“pro­tect­ed con­cert­ed activ­i­ty” under Sec­tion 7 of the NLRA. And in Janus v. AFSCME, the court ruled that pub­lic-sec­tor unions could no longer require rep­re­sent­ed work­ers to pay union fees, again vot­ing along con­ser­v­a­tive-lib­er­al lines.