Good news for employers: Workers can’t go to state court to re-litigate an employment discrimination case based on the same underlying facts that already failed in federal court.
Recent case: Several former Los Angeles County Sheriff’s officers had all applied for deputy sheriff positions following a reorganization of the Sheriff’s Department. They were offered lower-paying positions instead. They sued in federal court, claiming that age and other forms of discrimination were to blame for not being selected. They lost that case.
Then they filed suit in California state court alleging the same kind of discrimination. But they had already lost their federal case, based on the same facts. That was enough for the state court to dismiss this claim, too. (Esparza v. County of Los Angeles, No. B243496, Court of Appeal of California, 2nd Appellate District, 2014)
- Michigan's Elliott-Larsen Civil Rights Act
- How to decide: Should employers arbitrate workplace disputes?
- Gender identity and dress codes for males and females
- Handbooks 101: 4 guidelines to follow, 5 policies to include
- Protect against retaliation suits by conducting independent and 'blind' internal investigations