Don’t say that we didn’t warn you to take steps now to avoid discrimination in your workplace.  And we also told you how to do it.  Have you followed our advice?  Come on – fess up? 

Want to be scared — enough so that maybe you might decide to take precautions?   Age and race discrimination cases will increase in number and cost in 2013, according to an annual survey of general counsel and in-house litigators at major U.S. and international companies conducted by Fulbright & Jaworski. The survey concludes that while the pace of labor litigation such as wage and hour suits has slowed, discrimination cases are rapidly increasing, as is the cost to defend them — 2/3 of in-house counsel said that the average cost to defend a single plaintiff case is in excess of $100,000!    

Indeed, almost half of the in-house counsel surveyed said that labor law is the most common type of litigation that they encounter.     

The survey sponsors attribute the reason for this growth to an increase in the activity of regulatory agencies since 2008, and a targeting of discrimination, which will continue.  Moreover, the number of regulatory investigations of companies has increased and will continue to increase.  

Still want to be penny wise and pound foolish and not update your employment manual, or promulgate appropriate policies, or conduct harassment training, or do a host of other things to avoid such litigation and the enormous cost to defend it?    Still want to wait until the process server knocks on your door?   Its only a matter of time. …