(November 2, 2009, National Law Journal)
Jeffrey Klein, head of the Employment Litigation Group at Weil, Gotshal & Manges, was recently quoted by the National Law Journal in an article entitled "Complaints flood EEOC". The article focuses on the increase in discrimination complaints filed with the U.S. Equal Employment Opportunity Commission (EEOC) and similar state agencies in the wake of the massive job losses caused by the economic downturn. Lawyers anticipate that some of those EEOC claims will become full-fledged EEOC lawsuits, but that more of them will be sent back to the plaintiffs to pursue their own suites.
"I think it's clear that the increase in layoffs, at a time when there are no alternative jobs, have increased litigation," commented Klein, noting that he’s seeing an increasing number of discrimination civil rights claims heading to state courts, where larger damage awards are possible. He's also seeing a spike in age-based claims and EEOC charges driven by retaliation claims.
In addition, Klein stated that the EEOC "has become more proactive and more assertive," particularly in regard to tougher enforcement of the recently amended Americans With Disabilities Act, which widened the pool of those eligible to claim disability discrimination.
The article was written by Tresa Baldas and appeared on November 2, 2009.