A New Fee-Shifting Trend In Employer Discrimination Cases?

By Tim K. Garrett, Bass Berry & Sims PLC (April 18, 2017, 11:34 AM EDT) -- Here is a blast of the obvious to most employers — the number of employment discrimination lawsuits continues to rise. The number of administrative charges before the U.S. Equal Employment Opportunity Commission or similar state agencies — often the first step in pursuing employment discrimination lawsuits — also continues to rise. Some observers will argue that these numbers continue to increase because employers continue to violate the prohibitions against unlawful employment discrimination. Other observers may counter that argument by theorizing that these lawsuits and charges continue to rise because courts have continued to read these prohibitions expansively and because for years our public policy has encouraged the filing of these lawsuits and charges through a fee-shifting mechanism....

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