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Supreme Court Rules State Judges May Be Sued for Discrimination and The Supreme Court ruled 8 to 0 today In 1988 that state court judges may be sued on allegations of discrimination or other illegality in the demotion or dismissal of court employees.

Reinstating a sex discrimination suit by a former probation officer against an Illinois state judge who dismissed her, the Court held such ''administrative'' acts to be outside its ''comparatively sweeping'' doctrine that judges are absolutely immune from liability for judicial acts.

While the Court did not say whether Federal judges could be sued for similar administrative acts, its reasoning would apparently apply to them as well.

The Court said the danger that judges would be inhibited in performing their essential function of fairly resolving legal disputes by the threat of liability for their non-judicial personnel decisions was not great enough to warrant extending the doctrine of absolute judicial immunity. Women's Groups Pleased

The Court's decision, which resolved a conflict among lower Federal courts, was welcomed by women's rights groups who have complained about sex discrimination in the nation's courts.

A two-year study by a New York State group made public in 1986 said there was ''pervasive'' sex discrimination in New York's courts against female court employees as well as lawyers, victims of rape and spousal abuse and other litigants.

In overturning a 2-to-1 decision by a Federal appellate panel in Chicago, Justice Sandra Day O'Connor's opinion suggested that the Court should guard against stretching the centuries-old doctrine of absolute immunity too far, out of undue solicitude for the peculiar problems of judges.

''One can reasonably wonder whether judges, who have been primarily responsible for developing the law of official immunities, are not inevitably more sensitive to the ill effects that vexatious lawsuits can have on the judicial function than they are to similar dangers in other contexts,'' she said. 'Qualified Immunity'

The Court explicitly left open the possibility that judges sued by dismissed employees would still be able to claim ''qualified immunity, like that available to executive branch officials.'' Qualified immunity protects state and Federal officials, ranging from police officers to Cabinet members, from liability for official acts they perform in the reasonable belief they are acting lawfully.

The doctrine of absolute judicial immunity has deep roots in the English common law, and since 1872 the Supreme Court has held that to insure independent decision-making, judges may not be held liable for ''judicial acts'' committed in the exercise of ''jurisdiction.''

The Court's decisions have made clear that even judges who act maliciously or corruptly in their judicial capacities are protected from civil liability to pay damages, although not from criminal prosecution, so that judges falsely accused of misconduct by disgruntled litigants will not be forced to endure trials to avoid liability.

The case the Court decided today, Forrester v. White, No. 86-761, began when Howard Lee White, who was then a state circuit judge in Jersey County, Ill., first demoted Cynthia A. Forrester from her supervisory position and then dismissed her as a probabtion officer. Previously, he had hired her as a probation officer in 1977 and promoted her to the supervisory position in 1979. Jury Awarded $81,819

Ms. Forrester sued the judge in Federal District Court, charging that he had discriminated against her because of her sex, and won an $81,819 jury award.

But Judge White then won a ruling from a Federal district judge that, one, granted him a new trial on the ground that the jury verdict was against the weight of the evidence, and, two, dismissed the case on the grounds of absolute judicial immunity.

A majority of the Federal appellate court panel upheld the dismissal on grounds of judicial immunity without ruling on the new trial issue. It said the dismissal was a ''judicial act'' covered by absolute immunity because the probation officer's role was so essential to the judge's resolution of cases that his work could be adversely affected if he could not freely dismiss her after losing confidence in her.

But Justice O'Connor said there was no strong reason ''to distinguish judges from other public officials who hire and fire subordinates'' and who enjoy only qualified, not absolute, immunity for their actions.

She sent the case back to the lower courts to determine whether Judge White was entitled to qualified immunity and whether a new trial should be held, in accordance with the district court's decision that the jury verdict was against the weight of the evidence. Child Custody Disputes

In another 8-to-0 decision, the Court held that a 1980 Act of Congress designed to stem a ''national epidemic of parental kidnapping'' did not authorize suits in Federal district courts to resolve conflicting decisions by courts of different states in child custody disputes.

The ruling disappointed some women's groups and state governments that had argued that unless Federal courts were available to resolve such conflicts among state custody decrees, there would be an incentive for parents who lose custody battles in one state to kidnap their children to another state in hope of winning legal custody there.

But Justice Thurgood Marshall's opinion for the Court rejected arguments by a California neurologist seeking custody of his son, joined by the states of California, Hawaii, Nevada and Texas, that the lack of a remedy in Federal District Court would render the Parental Kidnapping Prevention Act ineffective.

The California man, David Thompson, had won an order from a California court awarding him custody of his son after an initial decision by the same court that had given his former wife custody. Kidnapping Not Involved

The Federal case started when Mr. Thompson urged a Federal District Court to void a conflicting decree by a Lousiana court that gave custody to his former wife, also a neurologist, when she moved with the boy to Louisiana. She had moved before the California court had given Mr. Thompson custody and the case did not involve a parental kidnapping.

In today's decision, Thompson v. Thompson, No. 86-964, the Court held that Mr. Thompson had no right to sue in Federal court.

The 1980 law requires states and their courts to enforce child custody decrees entered by courts of other states as long as the decrees meet certain criteria specified in the Federal law. Congress did not state explicitly whether parents could sue in Federal courts for alleged violations of the law.

Noting prior rulings that ''we will not engraft a remedy on a statute, no matter how salutary, that Congress did not intend to provide,'' Justice Marshall said ''the context, language and history'' of the 1980 law made it clear Congress did not intend to inject Federal district courts into domestic relations disputes.

Before Suing for Harassment or Discrimination Before you can file a harassment or discrimination lawsuit against your employer, you have to bring your complaint to a state or federal agency.

If you are facing harassment or discrimination at work, there are certain steps you should take to protect your rights. These actions might help you put a stop to the mistreatment and improve your work situation. Even if they don't, however, taking these steps will help you prove your case and preserve your right to sue, if you later decide to file a harassment or discrimination case. Talk to the Offender

As unpleasant as it may sound, the first thing you should do is confront the person who is mistreating you. From a practical perspective, this is the best way to get the behavior to stop. And, legally speaking, putting the wrongdoer on notice will help you prove some important facts if you later file a lawsuit. 

In a harassment case, for example, the employee complaining of harassment must prove that the behavior was unwelcome: in other words, that you did not like it, participate in it willingly, or otherwise find it to be no big deal. This comes up often in sexual harassment cases, in which the offender claims that the victim laughed at his off-color jokes or found his lewd comments flattering. The best way to prove unwelcomeness later is to show that you told the harasser you were offended by the behavior. 

If the situation doesn't improve, consider putting your concerns in writing. Keep a copy for yourself. Make a Complaint Within Your Company

If your conversation doesn't resolve the problem -- or if you decided to skip the conversation altogether (for example, because you feared for your safety) -- the next step is to make an internal complaint. Check the employee handbook or ask your HR department how to file a harassment or discrimination complaint. Then, follow those instructions to the letter. (Again, keep or ask for a copy of the complaint for your files.)

By complaining, you are giving the company an opportunity to investigate and resolve the problem. But you are also preserving your legal rights. 

In a harassment case, for example, your ability to hold the company liable (rather than just the individual person who harassed you) hinges on whether the company knew about, and had an opportunity to remedy, the harassment. If you are being harassed by a manager and the end result is a tangible job action against you (such as being fired, demoted, or denied a raise), the company will be liable. However, if you are being harassed by a coworker, or by a manager who doesn't take this type of work-related action against you, the company can claim that it did not know about the harassment. By making an internal complaint, you are changing that situation: The complaint puts the company on notice of the problem and makes it liable for fixing it. 

In a discrimination case, making an internal complaint also puts the company on notice of the problem. If the company then fails to take effective action to improve the situation, you might have a stronger argument for punitive damages: damages intended to punish an employer for egregious behavior, which can be the largest part of a damages award in a discrimination lawsuit.File an Administrative Charge

Before you can bring a discrimination or harassment lawsuit under federal law, you must file an administrative charge with the federal Equal Employment Opportunity Commission (EEOC) or a similar state agency. This is a legal requirement: If you file a lawsuit without first having filed a charge (called "exhausting" your administrative remedies, legally speaking), your lawsuit will be thrown out. 

To learn more, read our article, Filing an EEOC Charge of Discrimination.

Many states also require employees to file an administrative complaint with the state's fair employment practices agency before filing a discrimination or harassment lawsuit based on state law. 

Once you file a charge, the EEOC or agency will notify your employer. The agency might dismiss your charge, investigate, request that you and your employer try to settle or mediate the dispute, or take other action. Unless the agency decides to file a lawsuit on your behalf (an extraordinarily rare occurrence), it will eventually finish processing your claim and issue you a right to sue letter. Once you receive the letter, you may file a lawsuit. 

There are short deadlines for filing an administrative charge and for filing a lawsuit after receiving your right to sue letter. If you aren't already represented by a lawyer, it's a good idea to get some legal help once you reach this stage. A lawyer can assess the strength of your claims, make sure you don't miss any time limits, draft your administrative charge, and help you negotiate with your employer. Filing a Lawsuit

Once you receive your right to sue letter from the state or federal administrative agency, you may file a lawsuit. Whether, where, and when to file a lawsuit -- and what to include in it -- are all important decisions, for which you will certainly need a lawyer's help. 

Filing a LawsuitNote: Federal employees and job applicants have a different complaint process.


If you plan to file a lawsuit alleging discrimination on the basis of race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability, genetic information, or retaliation, you first have to file a charge with one of our field offices (unless you plan to bring your lawsuit under the Equal Pay Act, which allows you to go directly to court without filing a charge). We will give you what is called a “Notice-of-Right-to- Sue” at the time we dismiss your charge, usually, after completion of an investigation. However, we may dismiss for other reasons, including failure to cooperate in an investigation. This notice gives you permission to file a lawsuit in a court of law. Once you receive a Notice-of-Right-to- Sue, you must file your lawsuit within 90 days. We cannot extend this deadline except when the District Director gives the parties a written notice of intent to reconsider before the deadline for filing a lawsuit. If you don’t file in time, you may be prevented from going forward with your lawsuit.Exceptions When Filing a Lawsuit

If you plan to file an age discrimination lawsuit, you won’t need a Notice of Right-to-Sue to file in court. You can file anytime after 60 days have passed from the day you filed your charge (but no later than 90 days after you receive notice that our investigation is concluded). If you plan to file a lawsuit under the Equal Pay Act, you don’t have to file a charge or obtain a Notice of Right-to-Sue before filing. Rather, you can go directly to court, provided you file your suit within two years from the day the discrimination took place (3 years if the discrimination was willful).

Keep in mind, though, Title VII also makes it illegal to discriminate based on sex in the payment of wages and benefits. If you have an Equal Pay Act claim, there may be advantages to also filing under Title VII. In order to pursue a Title VII claim in court, you must have filed a charge with EEOC and received a Notice of Right-to-Sue.Filing Before the Investigation is Completed

If you want to file a lawsuit before we have finished our investigation, you can request a Notice of Right-to-Sue. If more than 180 days have passed from the day you filed your charge, we are required by law to give you the notice if you ask for it. If fewer than 180 days have passed, we will only give you the notice if we will be unable to finish our investigation within 180 days. You should request the Notice of Right-to-Sue in writing and send it to the Director of the EEOC office where your charge is filed. Include in your request the names of the parties and, if possible, your charge number. Once you have been given a Notice of the Right-to-Sue, we will close the case and take no further action. So if you want EEOC to continue investigating your charge, don’t request the Notice of Right-to-Sue.EEOC and Filing a Lawsuit

EEOC files employment discrimination lawsuits in select cases. When deciding whether to file a lawsuit, we consider several factors, including the seriousness of the violation, the type of legal issues in the case, and the wider impact the lawsuit could have on our efforts to combat workplace discrimination. Because of limited resources, EEOC cannot file a lawsuit in every case where discrimination has been found.

However, the EEOC office where your charge is filed may be able to give you a list of attorneys in your area who handle cases involving employment discrimination.



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