**WORKLAW ALERT**

By Ray Stanford
Irvin, Stanford & Kessler

DISCRIMINATION CLAIMS: NUMBERS DROP/ STAKES RISE

Most employers now view claims of discrimination as an inevitable part of doing business. Although the percentage of meritorious claims has dropped, jury awards for valid claims continue to increase. Courts seem to be inclined to dismiss claims of discrimination at the summary judgment stage, but are willing to accept large jury awards for claims that pass through the summary judgment stage and proceed to trial.

In a recent Pennsylvania lawsuit, a customer account representative with multiple sclerosis was awarded $2.5 million by a jury for a wrongful discharge. Under the ADA claim damages are capped at $300. The bulk of the damages were based on a Pennsylvania discrimination law. A reviewing appellate court allowed the plaintiff to keep $2.3 million of the $2.5 million award.

In Arkansas, a jury found Dillard's liable for age discrimination and awarded almost $1/2 million to a former store manager ($237,669 back pay, $246,774.05 front pay, $65,268.86 for attorney's fees). The employer claimed the store's declining sales justified the discharge. An expert witness pointed out that store managers at other stores with declining sales were not discharged. The jury apparently felt the reasons offered by the employer were "pre-textual" (a legal phrase having a meaning similar to a cover up).

An interesting case in Illinois resulted in an award of $11.65 million to a man discharged while on leave to take care of his sick parents. The employee claimed that during his FMLA leave, the employer implemented new performance requirement and, in essence, forced the employee to choose between his parents and work. The jury sided with the employee and awarded most of the damages under the state law prohibiting intentional infliction of emotional distress.

These recent cases reinforce the need for a company's supervisors to learn the basics of work place law. Even though the number of workplace claims may seem to decline, the actual employment costs of a meritorious claim can be devastating.

Ray Stanford is a partner in the employment and litigation law firm of Irvin, Stanford & Kessler, LLP, located in Atlanta, Georgia that serves many employers engaged in nursery operations, exterior landscape contractors and allied horticultural trades . As an alliance partner with GreenSearch, the firm's employment law background and experience makes the WorkLaw Alert a timely and informative source of information for the green industry. WorkLaw Alert summarizes significant laws and cases affecting the workplace. As with most legal summaries, Work Law Alert is not intended to be legal advice. If you have questions about any particular situation, please contact your local counsel or Irvin, Stanford & Kessler at 404-237-1020 or ray@isklaw.com.

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