Defending An Employment Discrimination Lawsuit
Employers constantly face the threat of employment discrimination lawsuits under federal employment laws and similar state statutes. Most Florida employment law cases are filed under Title VII of the Civil Rights Act (“Title VII”)[1], the Age Discrimination in Employment Act (“ADEA”), the American’s with Disabilities Act (“ADA”), the Fair Labor Standards Act (“FLSA”), the Civil Rights Act of 1866 (42 U.S.C. Section 1981), the Florida Civil Rights Act (“FCRA”) and the Florida Whistleblower’s Acts[2].
Lynch & Robbins knows this an expensive, prolific and evolving area of law for employers to navigate. This update briefly summarizes some employment litigation trends, common issues raised in employment discrimination cases and strategies aimed at preventing and defending employment lawsuits.
Employment Discrimination Lawsuits Hit Record Highs
Over the last 20 years, the number of employment discrimination lawsuits has risen steadily making employment litigation one of the most expensive areas of the law for companies to manage in the United States. This trend began in 1991 when Congress amended Title VII of the Civil Rights Act of 1964, giving employees additional rights when suing an employer including compensatory and punitive damages, attorney’s fees and the right to a jury trial.
So far this year, well over 10,000 employment lawsuits were filed in federal courts within the United States.[3] Approximately 1,500 of these were filed in Florida including the Southern, Middle and Northern District Courts of Florida.
This does not included state court cases filed in Florida, which may exceed federal filings, or claims filed with the Equal Employment Opportunity Commission (EEOC). Many Plaintiffs’ lawyers file employment discrimination cases in state court to attempt to reduce the risk of dismissal or the entry of summary judgment against their clients which is historically more likely to occur in federal court.
The EEOC announced that it received 93,277 workplace-discrimination complaints in fiscal year 2009, which ended September 30, 2009. There were over 70,000 employees who filed employment discrimination claims with the EEOC in the first half of FY 2010, up 60% from last. Continuing a 10-year pattern, the most frequently filed claims with the EEOC were those alleging race discrimination (36%), retaliation (36%), and gender discrimination (30%).[4]
Employment discrimination cases often relate to alleged discriminatory termination, failure to hire, denial of promotion, retaliation or hostile work environment (“workplace harassment”). Employment discrimination cases raise claims of racial discrimination, age discrimination, gender discrimination, disability discrimination, pregnancy discrimination and retaliation.
Effectively and Efficiently Defending an Employment Discrimination Lawsuit
Lynch & Robbins evaluates each employment discrimination case for our clients independently and creatively based upon the particular circumstances present. We desire to aggressively defend and seek dismissal of any claims that lack merit and pursue any of the many available defenses to alleged employment discrimination.
The key to most employment discrimination cases is whether the employee can prove that they were intentionally discriminated against in the terms and conditions of employment based upon a protected category (race, color, gender, age, religion, a disability, pregnancy or national origin). In the overwhelming majority of cases, the only way the plaintiff/employee can establish intentional discrimination is by showing by circumstantial evidence that a “similarly situated” employee outside of their protected category was treated more favorably under similar circumstances. The courts have labeled this element of a plaintiff’s case the “comparator.” If the plaintiff cannot present sufficient evidence of the existence of a “comparator,” the defendant may be able to prevail in the case on a motion for summary judgment without the need for a trial. See Corell v. CSX Transp. Inc., 6th Cir., No. 08-2381 (2010).
Fair and Consistent Employment Practices and Excellent Recordkeeping
Employers should keep detailed records of their employment decisions, conduct periodic audits of their employment practices and receive employment law training on the various and changing areas of employment law. We believe one of the best employment practices available is to apply employment policies and make employment decisions consistently and fairly—then keep meticulous records of those decisions. The United States and Florida Departments of Labor also have useful information and tools to help employers on their websites at www.dol.com and www.stateofflorida.com. Unfortunately, even the best employment policies, decisions and recordkeeping cannot prevent disgruntled current or former employees from bringing claims.
Our Experience and Service
Lynch & Robbins advises employers on employment law matters and defends companies sued for alleged employment discrimination. We are committed to providing our clients the most current methods for preventing and defending employment claims in an effective and efficient manner.
Vincent Lynch is the Managing Partner of Lynch & Robbins. Mr. Lynch has over 18 years of Employment Litigation experience and served as a state and Federal Court law clerk. Mr. Lynch has represented small and Fortune 500 companies in class action and individual employment discrimination cases including Raymond James, Publix, Home Depot, CCH, Disney, HCA, Ryder, and Walgreens. He was admitted to The Florida Bar in 1992.
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[1] Title VII of the Civil Rights Act provides the broadest of federal protections for employees prohibiting discrimination in the workplace and the creation of a hostile work environment based upon race, color, gender, religion and national origin. See 42 U.S.C. Section 2000e-2.
[2] Florida has both a “private” and “public” sector whistleblower statute prohibiting retaliation against an employee for reporting, complaining about, or refusing to participate in a violation of federal, state or local laws, rules or regulations. See Sections 448.102 and 112.3187, Fla Stat.
[3] This does not include state court cases or federal disability discrimination cases filed specifically under the ADA or other civil rights cases against employers. See Public Access to Electronic Records (“PACER”).
[4] http://www.eeoc.gov/eeoc/statistics/enforcement/charges.cfm