by Jackson Lewis

Jackson Lewis, one of the nation's largest employment law firms, recently published the results of its Annual Workplace Law Survey. Throughout 2003, the firm polled 456 human resource executives from a broad range of businesses and found:

There was an increase in employee lawsuits. In 2003, 57% of those polled said they were sued by an employee during the past 12 months. This is an 8% increase from 2002, when 49% of those polled reported being sued. There had been a steady decline in workplace lawsuits since a peak in 1995, when 62% answering a similar survey said they were sued by an employee.

Charges of racial discrimination have increased dramatically since 2000. In the 2003 survey, 54% of those who were sued said race discrimination was the most frequent charge. This statistic has almost doubled since 2000, when 28% of those participating in a similar survey said they were sued for race discrimination. In 2003, other frequent charges were gender discrimination (cited by 48%), age discrimination (46%) and discrimination due to a disability (37%).  

More companies conduct diversity programs. In 2003, 41% of those surveyed said they have a diversity program at their company, up from 37% in 2002 and 33% in 2000. 

Incidents of sexual harassment increased slightly. In 2003, 63% of the survey respondents said they handled a complaint of sexual harassment at their company. This is a 6% increase from the previous year, when 57% of those polled reported complaints. However, this is still a significant drop from 1995 when virtually everyone — 95% — participating in a similar survey said they dealt with a sexual harassment issue.

In 2003, 44% of those polled said the number of sexual harassment complaints remained relatively the same as the previous year, and 11% said the number of complaints actually decreased during the same time period.  

Co-worker dating policies gain popularity. In 2003, 20% of the respondents said they have a policy regulating co-worker dating at their company, up 7% from 2002. 

The economic downturn is taking its toll. When asked to identify the most critical workplace issue facing the nation, the majority — 61% — named job security.  

About Jackson Lewis LLP

Jackson Lewis represents management exclusively in employment, labor, benefits and immigration law and related litigation. With 360 attorneys practicing in 20 offices nationwide, the firm has a national perspective and sensitivity to the nuances of regional business environments. 

Guided by the principle that a positive work environment results in enhanced morale and increased productivity, the firm devotes a significant portion of its practice to management education and preventive programs. This approach helps limit exposure to grievances, charges and lawsuits.