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Sen. Cornyn: Congress Must Protect Employees’ Rights In A Balanced Way; Not Give Bailout To Trial Lawyers

Co-sponsors alternative bill that would prevent unnecessary and drawn-out litigation

WASHINGTON—With the Senate set to consider legislation on employment discrimination lawsuits, U.S. Sen. John Cornyn, R-Texas, today outlined his support for a bill that would strike a balance between an employee’s right to be free of workplace discrimination and an employer’s right to a fair trial. In contrast, the Democratic proposal seeks to tilt the playing field in favor of plaintiffs and their lawyers by effectively abolishing the statute of limitations in employment discrimination lawsuits, allowing trial lawyers to reap new paydays by litigating decades-old workplace grievances. The Democratic bill would actually encourage plaintiffs and their lawyers to “lie in wait,” delaying suits to increase the amount of back pay damages that they could receive.

“In the midst of an economic crisis, I am disappointed that the second bill the majority party will bring to the floor in the new Congress is a boondoggle that will benefit trial lawyers,” Sen. Cornyn said. “The Democratic proposal creates loopholes that would allow trial lawyers to file multi-million dollar lawsuits over decades-old workplace disputes. Small businesses that are already struggling could be exposed to massive new liability. Money that these businesses could spend to create jobs will have to be spent on lawyers instead.

“Congress should not be in the business of bailing out trial lawyers. I’m supporting legislation that would protect victims of discrimination without taking the radical step of effectively abolishing the statute of limitations. We must work to create a just legal system that provides all employees equal protection under the law.”

Background

Sen. Cornyn is an original co-sponsor of S. 166, which would:

• Reaffirm the importance of limitation periods for filing claims while recognizing that in some cases a reasonable person would not know at the time of the discriminatory event that they were the victim of discriminatory activity. 
• Clarify the limitations period for bringing forward a claim is measured from the time of the discriminatory action (current law) unless the employee can demonstrate that they did not know, and should not have known, about the discrimination. 
• Limit the availability of the remedies to workplace discrimination cases, not claims involving pension plans.

Sen. Cornyn serves on the Armed Services, Judiciary and Budget Committees. He serves as the top Republican on the Judiciary Committee’s Immigration, Refugees and Border Security subcommittee and the Armed Services Committee’s Airland subcommittee. He served previously as Texas Attorney General, Texas Supreme Court Justice, and Bexar County District Judge.

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