Employers have a duty to respect employees’ rights that are enshrined in state and federal law. These can include health benefits, timely payment, and many other employer rights. However, a recent report from Lex Machina has examined employment litigation trends across the United States and found California’s Central District to be among the worst offenders. As many as five percent of all employment litigation claims originate in this one district.
However, reports on recent trends help employees enhance their understanding of employment law and what claims are the strongest. Together with the labor lawyers at the law firm of Console & Associates, P.C., employees can craft a good strategy and win financial compensation for their losses. Call 866-778-5500 or fill out our online form to schedule a free consultation with our employment discrimination lawyers.
The Central District of California is America’s largest federal district, with over 25 million residents across five large counties. With so many people, it’s inevitable for the district to have a large number of employment disputes. According to the Lex Machina report, the district produced 3,370 of America’s 20,994 employment cases from 2020 to 2022, roughly five percent. The most common of these claims include racial discrimination, hostile work environments, and retaliation against employees who assert their rights.
Title VII of the Civil Rights Act of 1964 (“Title VII”) enshrines the following protected classes:
These are only a few of the protected traits federal law recognizes, but they’re bundled together under Title VII. These are among the most common causes for employment cases nationwide, with 2,022 race discrimination cases and 2,005 sex/gender discrimination cases between 2022 and 2023. If an employer discriminates against a potential hire on any of these qualities, they may be guilty of a Title VII violation.
Another Title VII protection is against the operation of a hostile work environment (“HWE”), but the difference between this and identity-based claims make it somewhat different. In essence, a hostile work environment claim alleges that the employer created or enabled a work environment so hostile that it’s equivalent to unlawful discrimination.
Proving HWE claims requires demonstrating that the work environment would seem hostile to a “reasonable person.” The plaintiff perceiving the work environment as hostile does not substantiate an HWE claim on its own. However, these sorts of claims are also among the most common. From 2020 to 2022, the judicial system processed 1,931 HWE claims.
Employers hold a great deal of power over their employees and sometimes use this to punish them for exercising their rights. Common, protected behaviors that employers sometimes break the law by punishing their employees over include:
Retaliation claims are the single most common type of employment lawsuit, as employees filed 4,170 cases between 2020 and 2022.
Some companies see especially frequent challenges from their employees, but these are the most-sued employers from 2020 to 2022:
While statistics imply that large companies will have the most employment lawsuits, these companies also have the most to gain from pushing the limits of the law and the greatest ability to fight cases in court. But whether you work for a major corporation or a small business, you’re entitled to a fair workplace free of discrimination. Call the law firm of Console & Associates, P.C. at 866-778-5500 or fill out our online form to schedule a free consultation and pursue your rights.
