Wednesday, June 24, 2009

Top 5 Employer Lawsuit Risks - HR Hero

On Tuesday, July 21, 2009, HR Hero will present the Top 5 Employer Lawsuit Risks, and Protections, for 2009. So what are the top 5 according to HR Hero?

1. Age Discrimination
Talk about your no-brainers! As I showed you in the chart of EEOC stats on Monday, age discrimination claims shot up 29% last year alone. The work force is getting older, claims are on the rise, what more needs said?

2. Retaliation
With claims on the rise there are more and more individuals against whom an employer can retaliate. Combine an increase in the number of people who have filed claims with the drastic increase in "adverse employment actions" resulting from our current economic situation... well, I think you see where this is going.

3. Equal Pay Act Charges
This one surprised me a little. HR Hero cites a dramatic increase in the number of claims and mentions the Ledbetter Fair Pay Act which extends the statute of limitations for bringing claims. The Ledbetter Act applies to Title VII, ADEA, and ADA claims though, so I'm not sure why Equal Pay Act claims stand out.

4. Sex Discrimination (Including Pregnancy)
Sex discrimination is always a biggie. In fact, it's second only to race in number of claims filed. If you include pregnancy (which HR Hero has) then the number of claims is higher than race-based claims.

5. Disability Discrimination
This is another no-brainer. The ADA Amendments Act of 2008 (ADAAA) greatly expanded the definition of "disability" which will have the practical effect of dramatically increasing the number of disabled employees. OK, obviously it is not causing disabilities, I mean it's increasing the number of individuals covered by the ADA.

Noticeably absent from HR Hero's list: Race discrimination! As I just mentioned race is the number one basis for discrimination in terms of number of complaints filed. Aside from that omission, I think it's a great list and it should be an interesting audio conference.