Scott R. Green, a Goldberg Segalla partner and co-chair in the Employment and Labor practice group, recently spoke with Law360 about the pending bill, S.17, in the New York State Senate. The bill would give protection to the money awarded to plaintiffs by juries in employment discrimination suits. The protections would prevent judges from lowering damages awarded by juries for economic, emotional distress, and punitive damages.

“The quote-unquote nuclear verdicts become harder to avoid,” Scott said. He also believes the bill would drive up the settlement values of workplace discrimination cases as well. “In terms of litigation, I think it’ll push settlement a little bit harder because of that outside catastrophic fear,” he said.

Scott still believes judges should have the final say, as he believes they have context and benchmarks that juries do not have access to. “An experienced judge … has the resources to understand where this case fits within the spectrum. It’s incredibly hard for a jury to do that,” he said.

Read the full article here:

“NY Bill Would Protect Jury Awards In Employment Bias Cases” Law360 (subscription required), July 25, 2023

MORE ABOUT GOLDBERG SEGALLA’S SCOTT R. GREEN:

Scott R. Green is an experienced employment litigator and trusted counselor to a diverse array of employers, including publicly traded corporations, small businesses, multinational corporations, nonprofit organizations, and individuals. His practice involves defending management against employment discrimination, harassment, retaliation, and wage and hour claims in federal and state courts and before various federal, state, and local administrative bodies, as well as defending employers against class action lawsuits and multidistrict lawsuits involving employment issues. Scott also routinely litigates restrictive covenant and non-competition disputes and handles traditional labor law matters, including negotiating collective bargaining agreements and handling National Labor Relations Board charges and union arbitrations. In addition to litigation, Scott regularly counsels employers with respect to employment agreements, employee handbooks, and employment policies, practices, and procedures.