EXECUTIVES FARE WELL IN LAWSUITS

EXECUTIVES FARE WELL IN LAWSUITS

Executives bringing employment discrimination lawsuits have good prospects for winning large jury verdicts. Also, they are more likely than most other types of workers to prevail at trial, according to a study published in Jury Verdict Research.

Workers in employment discrimination lawsuits are permitted to seek reimbursement for income and other lost benefits. With compensation rates so far above those received by most other workers, executives suffer hefty financial setbacks when discriminated against. Compared to other types of workers, executives have a higher probability of winning employment discrimination trials, the study found.

Job Type Win % Executive managers 64% Middle managers 58% Sales persons 58% Professionals 48% General laborers 42%

Why do executives fare so well in court? Executives are good at keeping track of important events and details. The important nature of their work also helps create favorable impressions among jurors. Also, executives are more likely than others to be aware of information which can be critical to winning cases.

Strong communication skills, which aided executives during their corporate climb, create powerful impressions among jurors deciding how much money they should award as compensation for mental anguish. In addition to seeking reimbursement for economic damages, plaintiffs in most employment discrimination lawsuits can pursue money for their emotional pain and suffering.

At trial, workers win more frequently than the employers they sue, the study determined. Findings excluded results of out-of-court settlements, as these results are kept confidential.

When employers are accused of especially mean-spirited conduct, jurors are sometimes permitted to award additional monies for punitive damages. The study reports that 23% of employment verdicts favoring workers included punitive damage awards, as compared to the three percent rate found in personal injury and medical malpractice cases. Employment trials enjoyed a higher percentage of punitive damage awards than any other category researchers reviewed within the prior year, according to Marie Reubi, the study's editor.

Age discrimination lawsuits, a type of claim commonly brought by executives, generated median verdict amounts of 9,000 nationwide, the study reported. On average, employees in age bias lawsuits are awarded significantly more money than persons filing other type of job bias lawsuits, according to the report.

LORING N. SPOLTER is a Fort Lauderdale attorney who practices in the field of employment law. His law office phone number is (954) 728-3494. Information contained in this article was accurate as of May, 2001. This article is for general information use only and does not substitute for specifically tailored legal advice. For purposes of objectivity, Mr. Spolter articles include information only on cases litigated by lawyers other than himself.