In just a few short weeks, an amendment to the Minnesota Human Rights Act (“MHRA”) that will provide a right to a jury trial for claims arising under that law will go into effect.
The MHRA prohibits discrimination and retaliation for opposing such discrimination in a variety of contexts, including public and private employment, housing, education, public accommodation, and more. Protected classes under the MHRA include race, color, creed, religion, national origin, sex, marital status, disability, status with regarding to public assistance, sexual orientation, and age. [click to continue…]
Yesterday, Minnesota Governor Mark Dayton signed into law an amendment to the Minnesota Human Rights Act that will ensure victims of discrimination and retaliation are entitled to a jury trial. The bill, SF2322, was passed by the House and Senate in previous weeks and will go into effect on August 1, 2014.
Previously, there was uncertainty over whether a victim of workplace discrimination, harassment, or retaliation would receive a jury trial, and to what level the jury’s verdict was entitled to deference. Due to a legal intersection of federal, state, common, and statutory law, and depending on what claims were brought and in what venue, there were often instances were individuals who have been the target of illegal activity by their employer have only been allowed a trial by judge. [click to continue…]
Madia Law settled an age discrimination case on behalf of “Joan” after defeating her former employer’s motion for summary judgment.
The terms are confidential pursuant to the parties’ settlement agreement.
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As published in the Harvard Law & Policy Review, Kevin M. Clermont & Stewart J. Schwab observed that from 1979-2006, plaintiffs bringing employment law matters (discrimination, wrongful termination, etc) in federal court won only 15% of the time. When paired with the observation that plaintiffs in non job-related matters won 51% of the time, that 15% figure is stunning. Questions as to why there is such an imbalance in employment law compared to other areas of law have been the focus of many journalists, lawyers and academics. But for attorneys who represent plaintiffs in employment discrimination cases, there is one key factor worth focusing on: properly preparing a case to survive motions for dismissal, particularly summary judgement motions.
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I am excited to inform you that I am starting a new business venture, Madia Law LLC – a dynamic and aggressive law firm that will serve Minnesota individuals and small businesses.
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