Women alleging sexual harassment or general discrimination practices in the workplace predominated Carol Barnett's caseload when she began her labor law practice in St. Joseph about 15 years. Today, the trend has shifted.
Disability discrimination charges are leading other workplace complaints in her practice that covers Northwest Missouri. In other parts of Missouri and the nation, increased diversity in the work force has created higher race, religion and national original claims.
Soon, Ms. Barnett expects a surge in age discrimination claims. "The baby boom group is growing," said Ms. Barnett, an attorney who specializes in employment law with Polsinelli Shughart.
Economic woes, increased diversity and demographic changes, and a greater awareness of anti-discrimination laws has contributed to an uptick in charges of workplace bias, according to the U.S. Equal Employment Opportunity Commission.
The federal agency said workplace discrimination charge filings in 2008 had spiked by 15 percent over the previous year with an "unprecedented" 13,000 more cases reported.
On Wednesday, a senior trial attorney for the commission told about 40 local business leaders and human resource managers to stay proactive to avoid potentially costly and public litigation. The Commission hasn't seen an increase of this magnitude in several years.
"Make sure you are communicating with your employees that sexual or racial harassment are prohibited and that you actively discourage it," said Andrea Baran, an attorney who works out of the Commission's Kansas City office. "And make sure that employees feel comfortable coming to you and telling you if something's going on."
The EEOC enforces employment discrimination laws - a veritable "patchwork quilt" of statutes, regulation and agency guidance documents that are not static.
For instance, recent amendments to the Americans with Disabilities Act now includes more medical impairments that give the law broader coverage. The Genetic Information Nondiscrimination Act prohibits improper use of genetic information in health insurance and employment.
Ms. Baran encourages employers to seek early legal advice when unclear and research the Commission's best practices, at www.eeoc.gov
She recommends that companies conduct regular employee anti-harassment training, put up employee rights posters in the workplace, establish a clear procedure to handle and investigate harassment complaints, and have an employment handbook.
Ahmad Safi can be reached at ahmadsafi@npgco.com.
Ten mistakes by employers that lead to a discrimination case
1. Lying to federal investigators
2. Producing incomplete data to federal investigators
3. Unwilling to accommodate religious or medical needs
4. Improperly documenting infractions by employees
5. Enlisting a bad attorney as counsel
6. Ignoring requests for information from federal investigators
7. Overlooking free legal resources about employment laws
8. Overreacting or making a snap decision to employee requests
9. Covering up a mistake
10. Protecting a bad employee
Source: Andrea Baran, senior attorney for Equal Employment Opportunity Commission (EEOC)



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