current issues in employment discrimination litigation

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CURRENT ISSUES INEMPLOYMENT

DISCRIMINATIONLITIGATION

Winter 2011James D. “Buddy” Caldwell

Attorney General

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Employment Discrimination

Brief Review of Basic Concepts

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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

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Employment Discrimination Prohibited factors:

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

National origin Genetic informationMilitary service Smoking preference

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Employment DiscriminationTypes of claims:

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

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Employment Discrimination

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

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Employment Discrimination

Effective strategies to minimize risk

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Employment Discrimination

Documentation: striking the right balance

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Employment Discrimination

We got sued: now what?

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Employment Discrimination

Recent cases involving failure to hire or promote

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Employment Discrimination

Recent cases involving harassment

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Employment Discrimination

Recent cases involving hostile work environment

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Employment Discrimination

Recent cases involving benefits deprivation/interference

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Employment Discrimination

What to learn from developments in the law in 2010

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Employment Discrimination

What to expect in 2011

Office of Risk Management Annual Conference

Employment Discrimination

Questions and Comments