A Shift In Employment Litigation May Foster Social Justice

Faegre Drinker labor and employment partner Michael Giudicessi and associate Taylor Haran authored an article for Law360, discussing how employers may consider modifying “how they prevent, defend and resolve race discrimination and hostile work environment claims.”

In the article, titled “A Shift In Employment Litigation May Foster Social Justice,” the authors describe how changes in the landscape for employment discrimination lawsuits — as well as corporate and community cultures and attitudes — could foster workplace reform, particularly regarding race-based employment claims.

Giudicessi and Haran explain how “companies and their employees could seek to address race discrimination in a collaborative manner” using alternatives, such as mediation and remediation, to resolve lawsuits rather than “contentious litigation.”

“Instead of looking primarily at litigation risks, costs and results in dollars and cents terms, potential adversaries and their lawyers could assess whether discrimination complaints present opportunities to enhance racial diversity, inclusion and understanding,” the authors say.

The full article is available for Law360 subscribers.