1. Office of Risk Management Annual Conference CURRENT ISSUES IN EMPLOYMENT DISCRIMINATION LITIGATION Winter 2011 James D. “Buddy” Caldwell Attorney General

2. Office of Risk Management Annual Conference Employment Discrimination Brief Review of Basic Concepts

3. 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

4. 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

5. 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)

6. Office of Risk Management Annual Conference Employment Discrimination Proof of intent to discriminate is not essential to a successful claim

7. Office of Risk Management Annual Conference Employment Discrimination Effective strategies to minimize risk

8. Office of Risk Management Annual Conference Employment Discrimination Documentation: striking the right balance

9. Office of Risk Management Annual Conference Employment Discrimination We got sued: now what?

10. Office of Risk Management Annual Conference Employment Discrimination Recent cases involving failure to hire or promote

11. Office of Risk Management Annual Conference Employment Discrimination Recent cases involving harassment

12. Office of Risk Management Annual Conference Employment Discrimination Recent cases involving hostile work environment

13. Office of Risk Management Annual Conference Employment Discrimination Recent cases involving benefits deprivation/interference

14. Office of Risk Management Annual Conference Employment Discrimination What to learn from developments in the law in 2010

15. Office of Risk Management Annual Conference Employment Discrimination What to expect in 2011

16. Office of Risk Management Annual Conference Employment Discrimination Questions and Comments