Press & News

Jerry Maatman Quoted in Business Insurance
11/07/2005

The November 7th edition of Business Insurance quoted Jerry Maatman in an article regarding Supreme Court nominee, Judge Samuel Alito, Jr. Jerry's quotes related to how the new Supreme Court nominee may handle workplace issues.

"Predicting a nominee's long-term decision-making proclivities on likely issues to come before the Supreme Court is like handicapping horse races; one can hope to predict the nominee's inclinations, but it's educated guesswork until the race is run and the decision is issued," said Gerald L. Maatman Jr., a partner in the law firm of Seyfarth Shaw LLP. Nonetheless, "employers likely face a more sympathetic ear given Judge Alito's generally pro-government and pro-business views," said Maatman. He noted, though, that Judge Alito has "a judicial bent for nuanced rulings."

But Mr. Maatman cited as examples of the judge's "independent thinking" a pair of rulings involving the First Amendment. In the 2001 decision in Saxe vs. State College School District, he ruled that a nonharassment policy that covered all "members of the school community" - including employees, students and visitors - went too far because it infringed on speech that was not harassing.

And in the 1999 case Fraternal Order of Police Newark Lodge No. 12 vs. City of Newark, Judge Alito sided with employees in a case involving two Muslim policemen ordered to shave their beards to keep their jobs. Judge Alito wrote that Newark, N.J.'s ban on beards other than for medical reasons violated the First Amendment rights of the officers to practice their religion, which they said required them to wear beards.