Employers may face juries that seek to hold them responsible if an employee contracts COVID-19, the trial consulting firm Dispute Dynamics suggests in its latest study.

Dispute Dynamics surveyed 321 individuals, inquiring about their most up-to-date attitudes in the context of being called as a potential juror during/following the pandemic.

46% of the participants indicated that an employer should be held responsible if an employee contracts coronavirus in the workplace, while 26% of participants disagreed. Further, 41% of participants agreed that an important function of juries is to “send a message” to corporations to improve their behavior, while only 17% disagreed.

The study indicates that juries place a premium on employee safety – and a considerable amount of the jury pool places that responsibility squarely on employers’ shoulders.

A gentle reminder that in the face of this ongoing situation, employers might want to consider an alternative: Arbitration.

Read the full study here.

Photo of Tony Oncidi Tony Oncidi

Anthony J. Oncidi heads the Labor & Employment Law Group in the Los Angeles office.

Tony represents employers and management in all aspects of labor relations and employment law, including litigation and preventive counseling, wage and hour matters, including class actions, wrongful termination…

Anthony J. Oncidi heads the Labor & Employment Law Group in the Los Angeles office.

Tony represents employers and management in all aspects of labor relations and employment law, including litigation and preventive counseling, wage and hour matters, including class actions, wrongful termination, employee discipline, Title VII and the California Fair Employment and Housing Act, executive employment contract disputes, sexual harassment training and investigations, workplace violence, drug testing and privacy issues, Sarbanes-Oxley claims and employee raiding and trade secret protection. A substantial portion of Tony’s practice involves the defense of employers in large class actions, employment discrimination, harassment and wrongful termination litigation in state and federal court as well as arbitration proceedings, including FINRA matters.