Content area
Full text
Human Resources
Employment-related claims continue to be a growing source of potential liability to employers. Understanding the sources of potential liability and working to minimize or eliminate the risks should be the goals of every employer. Many factors such as an increasingly litigious society, greater enforcement capability of the Equal Employment Opportunity Commission, increased availability of compensatory and punitive damages, sympathetic juries and increased publicity of big recoveries - make continued lawsuits in this area a certainty.
This article discusses sources of employment liability and potential liability for employers under both contract and tort theories of liability. DISCRIMINATION UNDER TITLE VII AND THE CIVIL RIGHTS ACT OF 1991
Title VII of the Civil Rights Act of 1964, due to its broad nature, remains the most frequent source of employment claims. Title VII prohibits
discrimination by employers on the basis of race, color, religion, sex and national origin.
Prior to 1991, victims of discrimination under Title VII could only recover damages to make them whole, such as back pay, lost benefits and attorneys' fees. The Civil Rights Act of 1991 amended Title VII. It is now possible for victims of discrimination to recover compensatory damages for future pecuniary loss, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life and other nonpecuniary losses, as well as punitive damages. Title VII also gives courts discretion to award attorneys' fees and fees paid to experts.
AGE DISCRIMINATION IN EMPLOYMENT ACT
The Age Discrimination in Employment Act (ADEA) was enacted to prohibit discrimination against employees over the age of 40. Like Title VII, the ADEA was amended by the Civil Rights Act of 1991, which allows victims of discrimination to recover liquidated (double) damages if the employee can show that the employer's violation of the ADEA was willful.
A violation is willful if the employer knew of the violation or showed reckless disregard for whether its conduct was unlawful.
AMERICANS WITH DISABILITIES ACT The Americans with Disabilities Act (ADA) prohibits discrimination against employees on the basis of a disability In addition, the ADA imposes requirements on employers for dealing with employees and job applicants with disabilities and providing access to facilities, goods and services. The ADA defines "disability" as a physical or mental impairment that substantially...