Here’s news that employers may not want to hear, but definitely should know: a recent survey revealed that an overwhelming majority of potential jurors do not trust corporations. According to the "Third Annual Juror Outlook" survey conducted by the National Law Journal and DecisionQuest, a jury research and trial consulting firm, 76% of the 1,000 potential jurors polled indicated that they either strongly or somewhat strongly agreed that big companies "often try to cover up the harm they do." This distrust also was evident in the respondents’ attitudes towards discrimination claims. Over a third of the polled individuals (37%) agreed that if an employee files a sex discrimination claim, "it usually means the person was wronged." Thirty-six percent felt the same way about race discrimination claims.

The lack of trust also may translate into higher legal damage awards against employers. Thirty percent of the respondents thought that billion-dollar awards are necessary to send "an effective message" to the offending employer. Interestingly, younger potential jurors (those between 18 and 24 years of age) were more inclined than older ones to send a billion-dollar message. Copies of the survey are available for $99.00 from DecisionQuest, 2050 West 190th Street, Torrance, CA 90504, www.decisionquest.com/site/survey.htm.

Of course, this survey really confirms what management attorneys have known for years--jurors are typically employees, or former employees, and therefore are more inclined to sympathize with the suing employee, not the employer. Thus, your best defense is to stay out of court, especially as a defendant in a jury trial. Effective anti-harassment and discrimination policies and training for all employees are good first steps in preventing these claims.

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