As this blog has previously mentioned, there are some times where it is more strategic to agree to a settlement than prove your company has been falsely accused of employment discrimination. Going through litigation could open your company up to negative publicity or reveal corporate information that you would rather be kept quiet. While there is no set formula of when to pursue a settlement agreement instead of going to trial, a business law attorney can provide crucial insight and strategy to a Las Vegas company facing an employment discrimination law suit.
For the past two years, the owner of the Forum Shops at Caesars has been under attack by five Hispanic janitors that previously worked for the mall, who alleged that they were discriminated against based on their national origin. In addition, they say that an employee at the Forum Shops physically intimidated and verbally harassed them.
While the janitors filed a complaint with the U.S. Equal Employment Opportunity Commission, which prompted the lawsuit, the owner assured the EEOC that it had dealt with the employment discrimination claims before the lawsuit was ever filed; the supervisor that had allegedly harassed the janitors was fired prior to the discrimination lawsuit.
The settlement agreement provides for the owner to pay $125,000 to the EEOC, which will then distribute it to the five janitors. Forum Shops also agreed that it would no longer allow staff members to discriminate against others based on national origin.
For the owner of Forum Shops, this settlement agreement may have been much easier or made more sense than to pursue a win in the courtroom.
Source: Vegas Inc, "Forum Shops owner settles discrimination lawsuit," Steve Green, Nov. 8, 2011