Are Any Cases Getting Thrown Out as “Frivolous” at the CHRO Anymore?


State Law Changes To CHRO

As I’ve noted before, the CHRO procedures were changed effective October 1, 2011. One question that we had at the time was whether the CHRO would be retaining more discrimination claims by employees for investigation — getting past the Merit Assessment Review stage.

Previously, employers have had at least a little luck getting plainly frivolous claims thrown out at MAR.

If the reports I’ve been getting from multiple reliance sources are true, then it appears those days are over.

I’ve spoken with several people this month about cases that they are seeing at the CHRO. Universally, the reports are that the CHRO is retaining nearly every case for a fact-finding and mandatory mediation, even the blatantly frivolous ones....

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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