U.S. Supreme Court
In prior decisions, the Supreme Court has created "safe harbors" from discrimination complaints for employers who do the right thing by establishing and utilizing internal policies designed to prevent supervisors from violating employees' civil rights. If employees can circumvent internal procedures and take a discrimination complaint directly to court, the incentives for employers to resolve complaints are eliminated.
NFIB argues that employers should be encouraged to resolve disputes internally before actions are brought to court. Such policies give employers incentives to manage a work environment that does not tolerate discrimination and then rely on the courts to remedy only unresolved disputes that have exhausted internal proceedings, saving the courts and taxpayers from allegations that can be resolved internally.
Status: Decided. NFIB Legal Foundation filed an amicus brief Jan. 26, 2006. Argument set for April 17, 2006. The court failed to clarify "adverse employment action" on opening the door to further costly litigation for small-business owners
