Avoid Getting Sued (CONT’D FROM PAGE 22)
before they happen,” said Lázaro. “There are risks all around, from the very time the employee is hired, through the management stage and on to termination. And new challenges are arising all the time, because the law is un- der constant change.” Attorneys advise taking the following steps to avoid the Recently a job interviewer commented on a prospect’s unusual name and asked if they were from Slovenia or Montenegro. There followed an extended discussion about national origin. It all seemed cordial and insignificant. Unfortunately, the failure to hire the individual sparked a claim for national origin discrimination. Lesson learned: Avoid conversational excursions into personal characteristics protected by law. Seemingly inno- cent questions such as ‘what’s your graduation date?’ or ‘when did you serve in the military?’ can backfire because they provide insight into a person’s age and can lay the groundwork for an age bias lawsuit. seven most common—and costly—mistakes: Mistake #1: Going off script in job interviews That same advice extends to discussions of educa- tional achievements. “You don’t want to ask about social clubs people were members of, or fraternities at college, or anything that goes beyond the name of their university,” advised Gosseen. Bonus tip: Prepare a list of allowable questions and in- struct interviewers to stay on script.
nancial settlements remains the same. “Lawsuits for dis- crimination can be costly,” said Robert I. Gosseen, senior counsel at Schwartz Sladkus Reich Greenberg & Atlas (ssrga.com). Plaintiffs will commonly seek back pay, front pay, compensatory damages for pain and suffering, and in the case of egregious behavior, uninsurable punitive dam- ages. “You’re also looking at the potential liability for the other side’s attorney’s fees, which alone can run from four to six figures,” said Gosseen. An employer’s risk doesn’t stop there. “Under many state anti-discrimination laws, personal liability accrues to the executive or the supervisor who aids and abets dis- crimination,” said Gosseen. And the damage to a compa- ny’s reputation can be considerable, which makes it hard- er to recruit top talent. Increasing settlements are coming at a time when the costs for protecting businesses are also going up. “Em- ployment Practices Liability Insurance (EPLI) is going through the roof,” said Jared S. Pope, an employment law attorney and CEO of Work Shield (workshield.com). “Some companies are experiencing double digit annual premium increases.” Costly Mistakes The changing operating environment only highlights the importance of being proactive. “Litigation is the prod- uct of employers taking insufficient steps to avoid issues
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