We’ve all heard some outrageous things said in the workplace, especially when a boss or manger is trying to cover their tracks after being accused of employment discrimination. And when a case heads to the Equal Employment Opportunity Commission (“EEOC”) or court, it’s not uncommon for employees to be outraged by the statements made about them. From saying that the employee “was always late” to charging that the employee “was caught stealing office supplies,” employers sometimes go all out to paint employees in the worst possible light. Indeed, some employers will even go as far as falsely accusing the employee of engaging in race discrimination or sexual harassment.
Naturally, you might want to fire back and sue for defamation. But can you actually sue your employer—or their lawyer—for what they say in an EEOC position statement or in court pleadings? Probably not, but it depends.
The law offers broad protections for what employers and their lawyers say during legal proceedings or pre-litigation matters like EEOC filings. In most states, statements made in these contexts are protected by something called “judicial-proceeding privilege.” Let’s take a closer look at why this privilege often shields your employer and their legal team from defamation claims, and whether there are any exceptions.
What Is Judicial-Proceeding Privilege?
Judicial-proceeding privilege is a legal shield that protects anyone involved in legal proceedings from being sued for defamation based on statements they make in those proceedings. The idea behind this privilege is to allow people—especially lawyers—to speak freely and openly when defending or prosecuting a case, without the fear of getting sued for something they say. It applies to statements made in court, depositions, court filings, and even EEOC position statements.
The recent case Wiggins v. Poyner Spruill L.L.P., No. 24-20011, 2024 WL 4212894 (5th Cir. Sept. 17, 2024), provides a good example. Curtis Wiggins was furious when he found out what his former employer, Golden Corral, and their law firm, Poyner Spruill, said about him during his EEOC case and in court. Specifically, after Wiggins’s employment at Golden Corral was terminated, he filed a charge of discrimination with the EEOC, claiming wrongful termination. Poyner Spruill responded on behalf of Golden Corral with a position statement, outlining the employer’s justification for Wiggins’s termination—primarily based on alleged performance issues.
In a second lawsuit, Wiggins argued that Poyner Spruill made false and defamatory statements in the position statement and during subsequent court filings, claiming these statements were intended to damage his reputation. Wiggins, who was representing himself pro se, also accused David Woodard, the Poyner Spruill lawyer, of misrepresenting his status as a Texas lawyer and influencing the EEOC and the court to rule against him. However, the United States Court of Appeals for the Fifth Circuit tossed out his case, citing judicial-proceeding privilege. According to the Fifth Circuit Court of Appeals, Poyner Spruill’s statements were protected because they were made in connection with legal proceedings.
The court made it clear: “Communications made ‘in the due course of a judicial proceeding will not serve as the basis of a civil action for libel or slander, regardless of the negligence or malice with which they are made.’” In other words, it didn’t matter if Poyner Spruill’s statements were harsh or even false—because they were made during the course of legal proceedings, they were immune from a defamation claim.
It is not surprising that an employer lied during a case. It happens so regularly that there is a process for the employer to state its reason for taking an adverse action (such as firing the employee) and then for the employee to prove that such reason is false – a lie. This is the process of proving pretext.
Best Wrongful Termination Lawyer Blogs on Point:
- Employer’s Lies Are Called Pretext
- What Can I Do If My Manager Revenge Lied To HR?
- How Do I Prove That My Employer Lied About Why I Was Fired?
- Can I Be Fired For Lies By My Racist Manager? I Need The Best Employment Discrimination Lawyer In Ohio!
Can You Ever Sue For Defamation?
While the judicial-proceeding privilege provides broad protection for what’s said during legal proceedings or pre-litigation filings, there are some exceptions. For instance, if your employer or their lawyer repeats those statements outside of the legal process—like in a press release or in a casual conversation—they may lose that protection.
Here are a few scenarios where you might have a case for defamation:
- Repeating Legal Statements Outside The Process: If your boss tells a news outlet that you were fired for being a thief, based on what they said in court or to the EEOC, that’s not protected by judicial-proceeding privilege. You might have a defamation claim because the statement wasn’t made in the context of a legal proceeding.
- Sharing EEOC Statements With People Who Don’t Need To Know: If your employer sends a copy of their EEOC position statement to employees who aren’t involved in the case or to others outside the legal process, that could open the door to a defamation lawsuit.
- Blatantly False Statements Without Legal Relevance: While the privilege protects relevant statements made in the course of legal proceedings, it might not protect blatantly false, malicious statements that aren’t necessary to the legal process.
It’s important to note that these exceptions are rare and can be difficult to prove. Most courts are very hesitant to allow defamation lawsuits based on statements made in legal contexts, even if those statements seem false or damaging. In Wiggins, the statements in question were confined to court filings and communications with the EEOC—contexts that are tightly covered by the judicial-proceeding privilege. As the Fifth Circuit Court of Appeals pointed out, “The privilege is ‘absolute’ and prohibits ‘any tort litigation based on the content of the communication.’” In other words, if your employer sticks to making statements within the legal process, they’re likely safe from a defamation claim.
What Does This Mean For Employees?
The bottom line is this: Employers and their attorneys have significant protection when it comes to what they say during legal proceedings, whether it’s responding to an EEOC charge or defending themselves in court. The judicial-proceeding privilege allows them to make statements—even harsh or false ones—without the fear of being sued for defamation. This same privilege can also protect employees in some cases, shielding them from defamation claims for what they say in court filings or during depositions.
But while it’s frustrating that employers can say damaging things under the protection of privilege, the real battle is proving that their reasons for firing you or taking other adverse actions were based on discrimination or retaliation. Instead of focusing on what they said about you, the key is showing that their stated reasons are a cover for illegal discrimination based on your race, gender, age, disability, or another protected class.
Navigating these complex legal protections requires an experienced employment attorney. At Spitz, The Employee’s Law Firm, we know how to help employees who are facing workplace discrimination, retaliation, and wrongful termination. If you believe you’ve been wrongfully terminated or defamed by your employer, contact us for a free consultation. We’ll help you understand your rights and fight for the best outcome in your case.
Disclaimer:
The employee’s rights and wrongful termination information provided in this blog is for general informational purposes only and should not be taken as specific legal advice. This blog discusses common legal issues related to employment discrimination, wrongful termination, retaliation, defamation, and workplace rights under various laws like Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and similar state and federal laws. This blog touches on claims related to race, gender, national origin, disability, religion, and sexual orientation, but every case is unique. You should consult with a qualified employment attorney who can provide advice based on your specific situation. No promises or guarantees are being made about the outcome of your particular case. If you believe you have been the victim of workplace discrimination, retaliation, or defamation, contact Spitz, The Employee’s Law Firm for a free initial consultation. Our attorneys are dedicated to protecting employee rights and have extensive experience handling cases of discrimination, retaliation, and wrongful termination.