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Discrimination Claims Now Heard in State Court [By Anique Gonzalez] The battle between employers and employees has been a long and arduous one, and thanks to changes in several state laws, the battle is once again heating up. With the recent additions of Maryland and Illinois, 40 states have now passed legislation that will allow employees to sue their employers for discrimination with the case being heard in state court.
On October 1, Maryland’s amended anti-
may bring a civil action if 180 days have
court. In New Jersey, plaintiffs do not have to
discrimination law went into effect. The
passed since filing an administrative charge
go through an agency and can file their suits
law, which prohibits discrimination based
or complaint under federal, state, or local
immediately in state court.
on sexual orientation, marital status, race,
law.” Many argue that submitting claims to a
color, religion, ancestry, national origin, and age, will enable plaintiffs to sue their
As a result of these recent legal changes,
state’s administrative agency first helps
employers in state court. Before the change,
management-side attorneys have argued
to prevent ludicrous claims from going to
the only courses of legal action involved
that the shift from federal- to state-based
court. On the other hand, plaintiff’s attorneys
either filing a claim with a state agency — for
lawsuits will lead to an increased number
argue that the merits of a case should not
example, the Equal Employment Opportunity
of suits as well as large monetary verdicts,
be determined by a third party and instead
Commission (EEOC) — or proceeding with
especially since many states are now
should be determined by a judge or jury
a trial in federal court. The State of Illinois
giving plaintiffs the option of having jury
during a trial.
has also made similar modifications to its
trials. Moreover, these attorneys fear the
laws, namely the state’s Human Rights Act,
outcomes of such cases since they will be
allowing plaintiffs to sue in state court as
heard by judges who are unfamiliar with
well. The Illinois law, however, will not go
discrimination and harassment issues
Jackson Lewis
into effect until January 1, 2008.
instead of those who focus solely on such
www.jacksonlewis.com/legalupdates/article.
matters.
cfm?aid=1124
in which plaintiffs can proceed if they feel
Unsurprisingly, management-side attorneys
Epstein, Becker & Green, P.C.
they have been discriminated against. In
have already attempted to devise ways to get
www.ebglaw.com/showClientAlert.
Maryland, for instance, plaintiffs can still
around these new laws, including attempting
aspx?Show=7455
file a claim with a state agency, and if the
to get the cases immediately moved from
agency determines the claim is valid, it will
state to federal court.
On the Net
Both states’ laws will now offer three ways
be heard by an administrative law judge,
Commission
who can confer injunctive relief, back pay,
Of course, every state law differs, and
reinstatement, and compensatory damages.
each can present unique challenges. In
If the state agency finds that the plaintiff was
Pennsylvania, for instance, employees must
discriminated against but cannot determine
first file a claim with the Human Rights
proper restitution, the plaintiff also has the
Commission, which has up to one year to
option of taking the case to state court and
consider it. After that time, the plaintiff is
requesting a jury trial. “Third, a complainant
free to proceed with legal action in state
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U.S. Equal Employment Opportunity www.eeoc.gov