The Next COVID-19 Employment Litigation Hotbeds
September 16, 2020, Law360, by Braden Campbell, In the coming weeks and months, the safety and wrongful termination lawsuits that have made up the bulk of coronavirus-related litigation thus far in the pandemic may give way to wage, discrimination, and other claims, experts say. The suits filed so far reflect workers’ main concerns in the early days of the pandemic, as government shutdowns forced millions onto the unemployment rolls, and workers who still had jobs feared reporting to work. As more businesses and courts open up and other claims percolate, employers may be in for a new set of suits. “I do anticipate that there will be more suits in the future [and] I think there will be a shift from what we’ve seen to date,” Paul Hastings LLP employment partner Jeffrey Webb said.
Here, Law360 looks at areas of workplace law that could soon become litigation hotbeds.
Discriminatory Layoffs, Disability Bias The sudden shutdowns amid COVID-19’s rapid spread in March forced businesses to lay off or furlough millions of workers, many of whom have not gotten their jobs back. Six months later, these mass layoffs could spell lawsuits.
Laura Jacobsen, labor and employment law group co-chair at McDonald Carano LLP, said she expects to see a wave of suits accusing employers of unwittingly discriminating against certain groups in their layoffs. So-called disparate impact suits accuse an employer of applying a neutral policy or practice to discriminatory effect. If a layoff fell harder on older workers, the employer could face a lawsuit even if it didn’t consciously discriminate, Jacobsen said.
About McDonald Carano
McDonald Carano has helped to shape the Nevada business and legal landscape for 70 years. With more than 60 lawyers and government affairs professionals in our offices in Las Vegas and Reno, we are Nevada's law firm for business. We proudly represent Fortune 500 companies, financial and governmental institutions, fast-growth and mid-market companies, entrepreneurs, start-up ventures, non-profit organizations and individuals. Our attorneys deliver cross-discipline, one-stop, commercial law and government affairs counsel. Our dedication to clients, innovative thinking and practical solutions based in sound business and legal judgments are at the heart of our practice. For more information, visit mcdonaldcarano.com, call 775.788.2000 (Reno office), or 702.873.4100 (Las Vegas office) or reach us by email at firstname.lastname@example.org.
You have chosen to send an email to McDonald Carano. The sending or receipt of this email and the information in it does not in itself create an attorney-client relationship. If you are not already a client, you should not provide us with information that you wish to have treated as privileged or confidential without first speaking to one of our lawyers. If you provide information before we confirm that you are a client and that we are willing and able to represent you, we may not be required to treat that information as privileged, confidential, or protected information, and we may be able to represent a party adverse to you.
I have read this and want to send an email.