Office of Risk Management Annual Conference CURRENT ISSUES IN EMPLOYMENT DISCRIMINATION LITIGATION Winter 2011 James 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 applies the 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 information Military service Smoking preference

Office of Risk Management Annual Conference Employment Discrimination Types of claims: Failure to Hire or Promote Harassment (sexual or otherwise) Hostile Work Environment Deprivation of/Interference with Benefits Wrongful 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