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diversity-works.net
DEI Leader Network – August 2022
Panel Discussion: Top 3
Reasons Employees Sue
• Monthly events
• Education and insight
• Community of +500
Welcome To Our DEI Leader Network
©2022, Diversity Works. All rights reserved. 2
Edgar Ndjatou, Esq
Executive Director,
Workplace Fairness
Gary Kloepfer
Professional Labor &
Employment
Arbitrator/Meditator
Labor Arbitration and
Mediation
Experts
explain why
employee sue
Employment Law
©2022, Diversity Works. All rights reserved. 3
Polls:
• Has your company been sued?
• Do you know why employees sue?
©2022, Diversity Works. All rights reserved. 4
DEI efforts are aspirational, but the floor is the law
RIGHT
thing to do
SMART
thing to do
More
RELEVANT
than ever
It’s the
LAW
©2022, Diversity Works. All rights reserved. 5
Federal Employment Statutes
©2022, Diversity Works. All rights reserved. 6
Equal Pay Act
wage
discrimination
based on sex
1963
Title VII
discrimination based on race,
color, national origin, sex
(including pregnancy, sexual
orientation, and gender
identity) or religion
1964
Age
Discrimination
in Employment
Act
age discrimination
against people
aged 40 or older
1967
Americans with
Disabilities Act
discourage individuals from applying,
exclude them, or deny a qualified individual
employment because of their disability.
Demoting, terminating, harassing, or failing
to provide reasonable accommodations
1990
Family and
Medical Leave
Act
prohibits use of
genetic
information in
employment
decisions
1998
Genetic
Information
Non-
Discrimination
Act
prohibits the use
of genetic
information in
making
employment
decisions
2008
Source: EEOC
Mishandling of complaints most often results in a charge
61
34
25
23
21
19
13
6
4 2 1
Total
Charges
Retaliation
- All
Statutes
Retaliation
- Title VII
only
Disability Race Sex Age National
Origin
Color Religion Equal Pay
Act
GINA
FY 2021 EEOC Charges
(‘thousands)
©2022, Diversity Works. All rights reserved. 7
Employees often cite
more than one types
of discrimination
Retaliation
Source: EEOC
EEOC actions and private litigation resulted in $600M in “benefits”
41% 41% 41% 41% 26%
46% 48% 46% 48%
56%
13% 11% 13% 10%
18%
2016 2017 2018 2019 2020
Monetary Benefits by Year (M)
2016-2020
Mediation Enforcement Litigation
©2022, Diversity Works. All rights reserved. 8
$400 $398 $408 $386
$596
Source: EEOC
Top Three Drivers of
Employee Lawsuits
©2022, Diversity Works. All rights reserved. 9
#1 Inconsistent
Performance Criteria
Different criteria and rules for different people or groups.
©2022, Diversity Works. All rights reserved. 10
#2 Hostile Workplace
Environment
When the words and actions of a supervisor, manager or
coworker negatively or severely impacts another employee’s
ability to complete their work.
©2022, Diversity Works. All rights reserved. 11
#3 Violation of Wage/Hour
Labor Laws
When employers don’t pay employees accurately or timely.
©2022, Diversity Works. All rights reserved. 12
What Does this
“Cost” an Employer
©2022, Diversity Works. All rights reserved. 13
How to Reduce Your
Risk of a Lawsuit
©2022, Diversity Works. All rights reserved. 14
Discussion
diversity-works.net
15
Join Us in September
Workplace Celebrations
©2022, Diversity Works. All rights reserved.
September 15, 2022
1:00 PM EST
holly@diversity-works.net
16
Stay In Touch
SUBSCRIBE Follow
+Follow
©2022, Diversity Works. All rights reserved. 17

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Top 3 Reasons Employees Sue

  • 1. diversity-works.net DEI Leader Network – August 2022 Panel Discussion: Top 3 Reasons Employees Sue
  • 2. • Monthly events • Education and insight • Community of +500 Welcome To Our DEI Leader Network ©2022, Diversity Works. All rights reserved. 2
  • 3. Edgar Ndjatou, Esq Executive Director, Workplace Fairness Gary Kloepfer Professional Labor & Employment Arbitrator/Meditator Labor Arbitration and Mediation Experts explain why employee sue Employment Law ©2022, Diversity Works. All rights reserved. 3
  • 4. Polls: • Has your company been sued? • Do you know why employees sue? ©2022, Diversity Works. All rights reserved. 4
  • 5. DEI efforts are aspirational, but the floor is the law RIGHT thing to do SMART thing to do More RELEVANT than ever It’s the LAW ©2022, Diversity Works. All rights reserved. 5
  • 6. Federal Employment Statutes ©2022, Diversity Works. All rights reserved. 6 Equal Pay Act wage discrimination based on sex 1963 Title VII discrimination based on race, color, national origin, sex (including pregnancy, sexual orientation, and gender identity) or religion 1964 Age Discrimination in Employment Act age discrimination against people aged 40 or older 1967 Americans with Disabilities Act discourage individuals from applying, exclude them, or deny a qualified individual employment because of their disability. Demoting, terminating, harassing, or failing to provide reasonable accommodations 1990 Family and Medical Leave Act prohibits use of genetic information in employment decisions 1998 Genetic Information Non- Discrimination Act prohibits the use of genetic information in making employment decisions 2008 Source: EEOC
  • 7. Mishandling of complaints most often results in a charge 61 34 25 23 21 19 13 6 4 2 1 Total Charges Retaliation - All Statutes Retaliation - Title VII only Disability Race Sex Age National Origin Color Religion Equal Pay Act GINA FY 2021 EEOC Charges (‘thousands) ©2022, Diversity Works. All rights reserved. 7 Employees often cite more than one types of discrimination Retaliation Source: EEOC
  • 8. EEOC actions and private litigation resulted in $600M in “benefits” 41% 41% 41% 41% 26% 46% 48% 46% 48% 56% 13% 11% 13% 10% 18% 2016 2017 2018 2019 2020 Monetary Benefits by Year (M) 2016-2020 Mediation Enforcement Litigation ©2022, Diversity Works. All rights reserved. 8 $400 $398 $408 $386 $596 Source: EEOC
  • 9. Top Three Drivers of Employee Lawsuits ©2022, Diversity Works. All rights reserved. 9
  • 10. #1 Inconsistent Performance Criteria Different criteria and rules for different people or groups. ©2022, Diversity Works. All rights reserved. 10
  • 11. #2 Hostile Workplace Environment When the words and actions of a supervisor, manager or coworker negatively or severely impacts another employee’s ability to complete their work. ©2022, Diversity Works. All rights reserved. 11
  • 12. #3 Violation of Wage/Hour Labor Laws When employers don’t pay employees accurately or timely. ©2022, Diversity Works. All rights reserved. 12
  • 13. What Does this “Cost” an Employer ©2022, Diversity Works. All rights reserved. 13
  • 14. How to Reduce Your Risk of a Lawsuit ©2022, Diversity Works. All rights reserved. 14
  • 16. Join Us in September Workplace Celebrations ©2022, Diversity Works. All rights reserved. September 15, 2022 1:00 PM EST holly@diversity-works.net 16
  • 17. Stay In Touch SUBSCRIBE Follow +Follow ©2022, Diversity Works. All rights reserved. 17