Bias lawsuit? Instead of settling or litigating, move to dismiss — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Bias lawsuit? Instead of settling or litigating, move to dismiss

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in Discrimination and Harassment,Human Resources

by Howard Miller and Jessica Satriano, Esqs.

Does this sound familiar? An employee you fired for cause is either unable or unwilling to accept responsibility for poor performance and files a lawsuit claiming unlawful discrimination.

The pending litigation forces the em­ployer into a sticky dilemma—either:

  • Pay a settlement to avoid the exorbitant costs of discovery, subsequent legal motions and a potential trial
  • Decide to pay the exorbitant costs of discovery, subsequent legal motions and a trial in hopes of winning the case—several years down the road.

Employees’ simple arguments

This no-win scenario has become all too common. Until recently, the predicament facing employers has largely been a function of how easy it is for employees to patch together a complaint. Indeed, forcing an employer into time-consuming and expensive discrimination litigation has been merely a matter of asserting a false syllogism:

  1. I am a member o...(register to read more)

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