U.S. Circuit Judge Brett Kavanaugh, President Donald Trump's nominee to the U.S. Supreme Court, is generally likely to be a reliable pro-employer vote, according to many observers.

They point to Judge Kavanaugh's concurring 2013 opinion in Magloire K. Placide Ayissi-Etoh v. Fannie Mae et al., in which he held that a single instance of being called a racial epithet "might well have been sufficient to establish a hostile work environment."

Pointing to that ruling, Brian D. Pedrow, a partner with Ballard Spahr in Philadelphia, said this shows there is no guarantee "that his conservative leanings will necessarily result in pro-employer decisions in the discrimination area."

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