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Fact is no one talks much about the justified discrimination claim or the claim that should have been brought because someone is just racist as hell or openly harassing people because, well, these things are everyday and not surprising to anyone. Just looking at law firms where I've worked, a fraction of the claims that could be brought are.
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Agreed. Professionals and higher-ups don't bring them too much because even if resolved by a confidential agreement, other employers in one's field will find out about claim. And people don't hire people who bring claims.
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Everyone talks about every single "reverse" discrimination or unjustified discrimination case brought because they're few and far between. I've seen precisely one discrimination case that shouldn't have been brought,but it's one of the cases I've ended up talking about a fair bit because it has some unique features that make it interesting.
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The nuisance claims are the problem. Lower level workers don't have as much to lose, so they roll the dice.
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Sure, all kinds of stuff happens. The monkey does occasionally type a line from Shakespeare. But the stuff that happens every goddamn day is what we ought to be focused on.
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It's a lot more common than that.