This revolution in the law has not occurred in an orderly fashion. Differing theories of relief pertain in different jurisdictions. A claim for relief that may be successful in one jurisdiction may not be successful in another. The effect is extensive capriciousness in determination of liability and award of damages from jurisdiction to jurisdiction. The economic impact of this capriciousness upon employers, employees, and the economy as a whole is incalculable.
Nobody can doubt that it is expensive, however.
In addition to being capricious, the existing state of law has a serious socioeconomic bias. Most of the successful cases have involved upper-level management in larger businesses. Relief has mostly gone to those with upper middle-class incomes or better, those with the ability to go to the courts and sustain the costs and risks of litigation. The expense of litigation mostly precludes seeking a remedy when salaries or wages are not very large. Yet, among persons who do not have the benefit of labor contracts and whose incomes are comparatively modest, the need for protection is the greatest.