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diversity-works.net
DEI Leader Network – August 2022
Panel Discussion: Top 3
Reasons Employees Sue

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• Monthly events
• Education and insight
• Community of +500
Welcome To Our DEI Leader Network
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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
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4.
Polls:
• Has your company been sued?
• Do you know why employees sue?
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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
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6.
Federal Employment Statutes
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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

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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)
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Employees often cite
more than one types
of discrimination
Retaliation
Source: EEOC

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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
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$400 $398 $408 $386
$596
Source: EEOC

9.
Top Three Drivers of
Employee Lawsuits
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10.
#1 Inconsistent
Performance Criteria
Different criteria and rules for different people or groups.
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#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.
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#3 Violation of Wage/Hour
Labor Laws
When employers don’t pay employees accurately or timely.
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13.
What Does this
“Cost” an Employer
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14.
How to Reduce Your
Risk of a Lawsuit
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15.
Discussion
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16.
Join Us in September
Workplace Celebrations
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September 15, 2022
1:00 PM EST
holly@diversity-works.net
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