From the RIDICULOUS …
 The
EPL “explosion” is 10 years old –
and growing
 Defense (and plaintiffs’) costs remain #1.
 Juries are still (increasingly?) our “partner”
in educational/administrative decisions.
… to the SUPREME
has to be a better way –
and there is.
 “New & Improved” affirmative defenses …
 Keep the (good) faith.
 There
FACTS & FIGURES







The number of plaintiffs’ attorneys TRIPLED after the
Civil Rights Act of ’91.
The number of class action lawsuits TRIPLED over the
past 5 years.
95% of the victims of nonconsensual relationships do not
complain/report.
The median age of an American worker is almost 40.
50% of punitive damage awards arise in EPL claims.
Using technology costs less than 1/7th the expense of
conventional means (in ½ the time & with greater impact).
Arbitrators don’t always “split the baby.”
Arbitrators don’t always
“split the baby.”
Cases
24%
10%
11%
10%
10%
35%
% of Amount Demanded
-0- (Claim Denied)
1-19 % (of Amount Demanded)
20-39%
Just 31% of arbitration awards
40-59%
fall w/i 20-79% of the demand.
60-79%
Study by
80-100%
A.A.A.
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LESSONS LEARNED
THE
HARD
WAY
PROCEDURES
DUMB:
• Don’t Follow Your Own Procedures
DUMBER:
• Don’t Create Procedures
DOCUMENTATION
DUMB:
• No Documentation
DUMBER:
• Creative Writing
REACTIVITY
DUMB:
• React to Everything
DUMBER:
• Don’t Admit Anything
COUNSEL
DUMB:
• Failing to Seek Counsel
DUMBER:
• Relying Exclusively on Counsel
LITIGATION
DUMB:
• Litigate, Don’t Mitigate
DUMBER:
• Common Law, Not Common Sense
LESSONS LEARNED –
FIVE
CORE
PRINCIPLES
5 CORE PRINCIPLES
 No
Tolerance
 Observation
 Communication
 Empathy
 Fairness
The AGOS
Group, LLC
LESSONS LEARNED –
PRACTICAL
SOLUTIONS
PRACTICAL SOLUTIONS
 Prevention
& Training
 Policies & Procedures
 Promises & Proof
 Peace & Prosperity
 Press “Relief”
 Sealed with a K.I.S.S.