Lex Machina’s “Special Report: Impacts of COVID-19 on Employment Litigation in Federal Court” (October 2020) identifies several significant global trends in employment litigation along with trends associated with COVID-19. Overall, the first nine months has seen:
A 12% decrease in federal employment cases from 2019, but in looking at the time period of 2010-2019, there has been a 16% decrease in filings in total.
Significant decreases have been with cases: in harassment (-22%), Americans with Disabilities Act (-20%), and discrimination (-17%) compared to 2019. This is most likely due to the lack of workplace contact and mass layoffs or shifts to remote work.
Approximately, 2,000 fewer cases were closed in 2020 than 2019, which is reflective of the dramatic slowdown in court activity during the pandemic.
The federal district courts with the most employment filings are in New York, Florida, Pennsylvania, Illinois, and Georgia; this is essentially unchanged from 2019.
According to Lex Machina, decreases in litigation are due to several reasons: many employers had to lay off workers due to the Pandemic. Those who were working may have been fearful to bring up an issue or filing a claim which might lead to losing their job. The remote working environment may contribute to lower employment litigation as it can avoid negative workplace interactions and does not offer physical proximity. Finally, the fact that courts have been closed for months with attorneys working remotely may have resulted in reduced filings.
