Office of Risk Management Annual Conference

CURRENT ISSUES INEMPLOYMENT

DISCRIMINATIONLITIGATION

Winter 2011James D. “Buddy” Caldwell

Attorney General

Office of Risk Management Annual Conference

Employment Discrimination

Brief Review of Basic Concepts

Office of Risk Management Annual Conference

Employment Discrimination Overview

Federal and state laws forbid discrimination in any “aspect of employment” based on a “prohibited factor” State law generally tracks federal law and appliesthe same standards

Office of Risk Management Annual Conference

Employment Discrimination Prohibited factors:

Race Age Color Disability/Medical Conditions Religion Pregnancy/Caretakers Gender Sexual orientation

National origin Genetic informationMilitary service Smoking preference

Office of Risk Management Annual Conference

Employment DiscriminationTypes of claims:

Failure to Hire or PromoteHarassment (sexual or otherwise)Hostile Work EnvironmentDeprivation of/Interference with BenefitsWrongful Termination (including constructive discharge)

Office of Risk Management Annual Conference

Employment Discrimination

Proof of intent to discriminate is not essential to a successful claim

Office of Risk Management Annual Conference

Employment Discrimination

Effective strategies to minimize risk

Office of Risk Management Annual Conference

Employment Discrimination

Documentation: striking the right balance

Office of Risk Management Annual Conference

Employment Discrimination

We got sued: now what?

Office of Risk Management Annual Conference

Employment Discrimination

Recent cases involving failure to hire or promote

Office of Risk Management Annual Conference

Employment Discrimination

Recent cases involving harassment

Office of Risk Management Annual Conference

Employment Discrimination

Recent cases involving hostile work environment

Office of Risk Management Annual Conference

Employment Discrimination

Recent cases involving benefits deprivation/interference

Office of Risk Management Annual Conference

Employment Discrimination

What to learn from developments in the law in 2010

Office of Risk Management Annual Conference

Employment Discrimination

What to expect in 2011

Office of Risk Management Annual Conference

Employment Discrimination

Questions and Comments