Читать книгу Employment Law Update - Jonathan Ingber - Страница 20

The EEOC reported the following in fiscal year 2017:

84,252

charges were filed with the U.S. EEOC12

The Chubb 2013 private company risk survey¹³ contained the following statistics concerning employment practices liability (EPL) for private companies:

	of those surveyed had an EPL-related event in the past three years.
	are concerned about alawsuit for wrongful termination, sexual harassment, discrimination, or retaliation.
	said an EPL lawsuit would cause the most financial damage to the company.
	have policies against hiring employees with criminalbackgrounds (such policies can unfairly target minority candidates).

Average total costs associated with an EPL event:

$70,267

> Among reported losses:

$4 MILLION

by a large company (250+ employees)

$600,000

by a midsized company (100–249 employees)

What types of claims are expected to be most common in future employment suits? Although predictions are inherently uncertain, the following types of claims were expected to feature prominently in 2018 and 2019:

> Classification and pay of workers in “on-demand” or temporary positions, e.g., Uber, Lyft, and similar demand-driven businesses

> Use of staffing agencies and “complex employment structures”

> Gender-based pay disparities and salary history questions

> Immigrant, migrant, and other vulnerable workers

> Inflexible leave policies that have a discriminatory effect on disabled persons

> “Off-the-clock” uncompensated work

> Criminal background checks

> Denials of rest or meal breaks, leave, or related pay

> Misclassification of employees as independent contractors

According to the 2016 edition of Jury Award Trends and Statistics,¹⁴ the median jury award for discrimination between 2009 and 2015 was $113,200, with a probable range of $25,000 to $350,000. The median disclosed settlement of a discrimination suit was $73,750 from 2009 to 2015, with a probable range of $135,500 to $335,000.

Exhibit 1-3 as follows sets forth the types of discrimination alleged in 2016 suits in which verdicts were rendered or settlements were reached.