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No Surprise: Potential Jurors Don’t Trust Employers
Here’s news that employers may not want to hear, but definitely
should know: a recent survey revealed that an overwhelming majority of
potential jurors do not trust corporations. According to the "Third
Annual Juror Outlook" survey conducted by the National Law Journal
and DecisionQuest, a jury research and trial consulting firm, 76% of the
1,000 potential jurors polled indicated that they either strongly or
somewhat strongly agreed that big companies "often try to cover up
the harm they do." This distrust also was evident in the
respondents’ attitudes towards discrimination claims. Over a third of
the polled individuals (37%) agreed that if an employee files a sex
discrimination claim, "it usually means the person was wronged."
Thirty-six percent felt the same way about race discrimination claims.
The lack of trust also may translate into higher legal damage awards
against employers. Thirty percent of the respondents thought that
billion-dollar awards are necessary to send "an effective
message" to the offending employer. Interestingly, younger potential
jurors (those between 18 and 24 years of age) were more inclined than
older ones to send a billion-dollar message. Copies of the survey are
available for $99.00 from DecisionQuest, 2050 West 190th Street, Torrance,
CA 90504, www.decisionquest.com/site/survey.htm.
Of course, this survey really confirms what management attorneys have
known for years--jurors are typically employees, or former employees, and
therefore are more inclined to sympathize with the suing employee, not the
employer. Thus, your best defense is to stay out of court, especially as a
defendant in a jury trial. Effective anti-harassment and discrimination
policies and training for all employees are good first steps in preventing
these claims.
This article is not intended as legal advice. Readers are encouraged to
seek appropriate legal or other professional advice.
For more articles please click here.
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