Victims of employment discrimination face unique challenges according to recent studies of judgments and settlements in employment discrimination cases litigated in federal courts. Empirical studies of these cases reveal that only five percent of all plaintiffs in employment discrimination cases will receive any form of litigated relief according to an article published in the University of Minnesota Law Review. By contrast, 86 percent of litigated workplace discrimination lawsuits in federal court are dismissed pursuant to summary judgment.
This data related to employees pursuing discrimination cases in federal court reveals the significant challenges employees face when pursuing claims for harassment and discrimination based on the following:
New Jersey employment discrimination law, which is comprised of the Law Against Discrimination (LAD) and Conscientious Employee Protection Act (CEPA) provides an effective statutory framework for protecting employees from discrimination in the workplace. However, many of the difficulties facing employees reflected in these grim federal court statistics also must be overcome in on-the-job discrimination litigation involving retaliation, discrimination and disparate treatment of employees.
Employees in discrimination cases face a wide range of challenges. One common obstacle involves an employer putting an employee’s work history under the microscope, including prior and subsequent jobs. Employment defense law firms also frequently attempt to bury employees in paperwork.
These challenges are exacerbated by a shorter discovery period in federal court. Because plaintiffs bear a more demanding burden of proof in an employment discrimination case, the tighter discovery period is a more significant obstacle for plaintiffs. Federal court also provides a more lenient summary judgment standard for employers so it is harder for an aggrieved employee to get to a jury. These challenges also create an enormous disincentive for employers to settle lawsuits against employees.
Although New Jersey employment laws make it preferable to pursue an employment discrimination case in a New Jersey court, state court may not be an option when an employee seeks legal remedies against an out of state company. Defendants typically can force a case into federal court if it involves a New Jersey resident and an out of state company.