Alston v. Spiegel: A Reminder That Sanctions May Provide Employers with a Tool to Deter Frivolous Suits Friday, April 9, 2021 The Federal Rules of Civil Procedure are intended to promote the “just, speedy, and inexpensive determination” of lawsuits. For companies defending baseless employment claims, those words may feel like an empty promise. The First Circuit’s recent decision in Alston v. Spiegel sanctioning an attorney for filing frivolous discrimination and retaliation claims, however, reminds employers that there are strategies for deterring such claims Facts In late 2015, attorney Brooks Ames filed a complaint on behalf of Gerald Alston, a former firefighter for the Town of Brookline, against Brookline, its Board of Selectmen, and several Brookline representatives, including a purported elected and appointed official, Stanley Spiegel. The complaint alleged that defendants had discriminated against Alston because of his race by harassing him and terminating his employment, and retaliated against him in violation of federal civil rights statutes. With respect to Spiegel, the complaint contended that, after Alston had made allegations of discrimination against Brookline, Spiegel distributed to other elected officials copies of a letter that “attacked . . . Alston’s courage and credibility” that had been published in a local newspaper. The complaint also asserted that Spiegel had told an individual who supported Alston in pursuing his claims against Brookline that “she would not support Alston if she knew the ‘real story’ contained in Alston’s personnel file.”