EPL Target: Discrimination Claims


States are lowering the threshold for what constitutes employment discrimination, and even small employers must comply with antidiscrimination laws.


“Even small nonprofits are covered by these laws that prohibit discrimination on a variety of grounds.”


Wendy Mellk, Jackson Lewis


The U.S. Equal Employment Opportunity Commission filed a record number of discrimination cases in 2011. State and local governments are making even broader efforts to bring charges by broadening employee protections. While federal law applies to employers with 15 workers, some states set the bar much lower. In New York, for example, anti-discrimination laws apply to organizations with four or more employees. State and local laws are also expanding beyond the federally protected categories of race, sex, national origin and religion; in certain jurisdictions, sexual orientation and gender identity are also protected.


A growing number of discrimination suits also include claims of retaliation. Claims that allege an employee was demoted or fired in retaliation for reporting discrimination or other protected activity are very difficult to defend.


Copyright © 2012 by A.M. Best Company, Inc. All rights reserved. No part of this report may be reproduced, stored in a retrieval system or transmitted in any form or by any means; electronic, mechanical, photocopying, recording or otherwise.


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