“Guess what? You know those SEC disclosures about pending litigation that publicly held companies are required by law to make? Well, if an employer says too much, it may be ‘retaliating’ against the litigants.” [Robin Shea on Seventh Circuit opinion in Greengrass v. International Monetary Systems Ltd.]
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The upshot of CA7’s decision seems to be: would-be employment discrimination plaintiffs have some sort of right to anonymity. How can that be correct, given that such claims are usually resolved via court proceedings open to the public? In other words, had Greengrass continued to pursue her claims, prospective employers would have been able to discover her claims eventually, whether or not IMS disclosed them.
First Amendment anyone?