On December 21, 2001, the Center for Individual Freedom filed an amicus curiae brief on behalf of the corporate respondent in Swierkiewicz v. Sorema, an employment discrimination case before the U.S. Supreme Court. This case addresses the question whether a complaint alleging claims of national origin and age discrimination against the employer was properly dismissed for failure to state a claim.
The Centers brief argues that a plaintiff should be required to provide adequate pleadings so a defendant has fair notice of what the plaintiffs claim is and the grounds upon which it rests. The brief addresses the legal precedent and principles related to employment discrimination pleadings and focuses on the critical difference this case can make in strengthening our legal system to reduce baseless claims.
As written in the Centers brief, "The only people who win in this situation are the plaintiffs and the lawyers who bring these baseless lawsuits. Defendants lose in a number of ways, including financial loss, emotional loss, and a loss in productivity from having employees tied up in deposition instead of performing their jobs. "
To read the brief, please click here.December 20, 2001
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