Employment Law And Business
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Transcript of Employment Law And Business
![Page 1: Employment Law And Business](https://reader035.fdocuments.in/reader035/viewer/2022081811/5456ca70af795950098b7e4e/html5/thumbnails/1.jpg)
The Impact of Employment Charges & Lawsuits on Business
Webinar Series
![Page 2: Employment Law And Business](https://reader035.fdocuments.in/reader035/viewer/2022081811/5456ca70af795950098b7e4e/html5/thumbnails/2.jpg)
Employment charge & lawsuit frequency Business impact Protection & prevention best practices BPS services
Topics
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Between 1980 and 2000, the number of U.S. employment-related laws and regulations grew by about 60%, from 38 to 60. There have been 17 in 2009 alone.
Laws & regulations
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Wrongful termination - discharge of an employee for invalid reasons
Discrimination - denial of equal treatment of employees for prejudicial reasons
Sexual harassment - subjecting employees to unwelcome advances, lewd behavior, offensive remarks; or the failure to stop such behavior
Employment Charge types
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How many wrongful termination lawsuits?◦ No one knows because state and federal courts
don’t compile statistics on the specific types of cases filed (such as wrongful termination or discrimination)
- Public Law Research Institute, University of California
Frequency
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In 2002, the EEOC received 85,000 charges for discrimination and sexual harassment (approximately 2.0 charges annually per 1,000 employees) ◦ Doesn’t include charges filed at the state level
How many discrimination and sexual harassment lawsuits?
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The most common targets for federal discrimination claims? ◦ Private employers with
between 15 and 100 employees (41.5%)
◦ Private companies with between 100 and 500 employees (18%)
◦ Private companies with an excess of 500 employees (23.9%)
- EPLI: Understanding the exposure and preventing claims, 2001 (www.lawthatworks.com\s Employment Practice
Liability: Average Jury Award - Jury Verdict Research, 2004
Targets
1997 1998 1999 2000 2001 2002 2003$0
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
$133,691$154,625$150,000
$190,000$168,000
$212,500$250,000
Average Employment Liability Jury Award - includes discrimination and
wrongful termination claims
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1997 1998 1999 2000 2001 2002 2003$0
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
$150,000
$175,000
$145,400
$200,000
$176,500
$236,500 $232,300
Average Discrimination Liability Jury Award
Discrimination Liability: Average Jury Award - Jury Verdict Research, 2004
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Dis
crim
inat
ion,
O...
Rac
e
Sex
Dsc
rimin
atio
n, O
v...
Dis
abilit
y
Age
$0
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
$125,000$150,000 $151,600
$178,500
$210,000
$255,100
Average Discrimination Award, By Type (1997-2003)
Discrimination Liability: Type of Case - Jury Verdict Research, 2004
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Will an allegation or actual case of wrongful termination, discrimination or sexual harassment cause serious financial harm to their firm?◦ 32% of private companies said it would◦ 55% of these said it would probably cost more
than $100,000 to settle such a case, and 19% indicated it could cost at least $500,000
- Pittsburgh Business Journal, January 21, 2005
Business impact
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60% of privately held companies don't carry Employment Practices Liability Insurance (EPLI)◦ Among large firms (those with more than $100
million in annual revenue), 45% carry no EPLI protection
◦ Among small firms (those with less than $10 million in annual revenue), 75% carry no EPLI, making those that can least afford an EPL suit especially vulnerable
- Pittsburgh Business Journal, January 21, 2005
Business impact
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Written policies barring unfair treatment Consistent application of policies Promptly address all employee complaints All layoffs and disciplinary actions fully
documented Develop and implement anti-harassment
and anti-discrimination policies
Protection & Prevention Best Practices
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Train supervisors and employees Conduct periodic audits of employment-
related policies and procedures Implement procedures for employees to
report incidents without retaliation Exhibit a balance of employees by race
and gender at all company levels Develop and implement an employee
handbook
Protection & Prevention Best Practices
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25 years, the number of U.S. employment-related laws and regulations has grown by about 60%
The average employment practices liability award is approximately $250,000
The most common target for federal discrimination claims are small employers - those least likely to be using professional HR practices
75% of small employers don’t carry EPLI coverage BPS offers workforce alignment and business
protection services that help businesses lower their employment practices liability exposure
Summary