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So
what are the risk factors for employment practices liability
("EPL") actions?
 | "Wrongful
Termination" is the most often reported claim issue. |
| "Discrimination",
"Harassment" and "Humiliation" are not far
behind! |
| "Retaliation"
is often cited, particularly in cases where another issue has
previously been reported to management. The complainant then
alleges that not only was the initial complaint ignored, he/she
subsequently suffered further due to having complained in
the first place. |
Damages
and related expenses in EPL cases often include:
| Back-pay &
future-pay. |
| Hiring,
reinstatement, promotion, including "reasonable accommodation". |
| Mental anguish,
and/or emotional distress. |
| Punitive
damages (occurs in approximately 33% of all plaintiff awards). |
| Plaintiff's
court costs, expert fees, and sometimes also legal fees. |
| Loss of
productivity. |
| Negative
publicity. |
 Another
important issue for employers to remember is that EPL actions can be
brought not only under Federal Law (commonly referred to as Title
VII), but also under the widely varying laws of each of the 50 states,
as well as many local and county ordinances.
When
it comes to EPL issues, ignorance is NOT bliss! Employers are
frequently found liable for the actions of their supervisors, even if
they are unaware of the problem!
A few examples of
recent claim scenarios:
| A national
retail chain found themselves at the wrong end of a $3.5 Million
jury verdict, after a paraplegic job applicant was not hired,
being told that the store, "had no openings for a person in a
wheelchair." |
| A manufacturing
company was hit with a judgment in excess of $1 Million, when a
worker in their shipping department sued for racial harassment,
based upon repeated "jokes" and racial slurs. |
| A female member
of a mining crew sued her employer under both State and Federal
law, alleging a hostile working environment. While her
employer was successful in defending itself on the Federal claims,
they were not as fortunate under the State law claims. Judgment
for the plaintiff was entered for approximately $150,000.
Defense costs exceeded the damages in this case! |
| An employee was
awarded $375,000 after his employer refused to grant him 12 weeks
of leave, guaranteed under the Family Leave Act of 1993. |
| A professional
firm was hit with a $900,000 award, when a female employee claimed
that her supervisor had sexually harassed her, along with a number
of other employees, and that she was retaliated against after she
complained to senior management. |
 So,
you still think this could never happen to you? You think that your
employees like you too much to make such a claim? Your company
is just, "one big happy family?" THINK AGAIN!
Click here 
for more information, or give us a call at 877-320-4061.
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