The plaintiffs' lawyers are throwing in the kitchen sink. They also sue for battery, for intentional infliction of emotional distress, for negligent hiring, or negligent retention. All of these have unlimited compensatory and punitive damages. And, they can be brought against companies and individuals alike, so managers' personal assets are now on the line. Instead of focusing on ways to create a positive, productive work force, HR professionals are being forced to spend their time increasingly on responding to EEOC requests for information and civil suit discovery requests.
Nothing is worse for overall employee morale, nor is it more frustrating for top management.
The unfortunate reality is that nothing can be done to guarantee that an employee will not sue, no matter how enlightened an employer's practices. Without question, the easiest way to show the EEOC or an employee's lawyer that an employee has been treated fairly is to have a personnel file full of honest, comprehensive performance reviews. No one received scores of less than seven. This client's scale was meaningless. Even though we successfully defended this client in the discrimination suit, we helped it to completely revamp its evaluation process.