The state and federal laws which impact businesses are growing in number every year. The laws that you read in the law books today may not be the law in effect. U.S. Appellate Courts and The U. S. Supreme Court render decisions which frequently overrule or modify existing laws. The state courts which are higher than trial courts do the same. People look up a law on line and believe they understand it; they are now experts in this law.
A business owner did not see a problem with a cartoon an employee posted on his own cubicle wall. The cartoon ridiculed an ethnic minority of European origin, and everyone laughed. No one worked in the office was of this minority, but the night janitor was. The janitor politely asked the owner to take the cartoon down and he refused. A week later, the janitor asked again, and the owner refused again. The owner decided to read the EEOC manual and some state brochures on ethnic harassment and he didn’t find any objection to the cartoon.
The janitor sued the company in Federal Court and won $1.5 million in an out-of-court settlement because a precedent case strongly favored the janitor. One cartoon, $1.5 million and an expensive lesson learned. The owner would not have to learn this lesson if he had a Commercial Litigation Attorney Albuquerque based giving advice on the matter.
There are so many issues dealing with employment, promotions, a hostile work environment racial slurs, and callous ethnic jokes, using the word loosely. A business should not do anything; develop any policy, make any rules, or even write an employee handbook without consulting an attorney experienced in commercial litigation. Any notice, any general distribution letter, a statement revising policy, the wording of the lunch menu and the language allowed in the office should all be reviewed by a Commercial Litigation Attorney Albuquerque based.
Business contracts are important and they should also be reviewed by an attorney with commercial experience, but the worse contract will likley not cost the amount of money a discrimination suit will cost. Sexual harassment suits will set the business back financially to the point where they may never recover. The publicity will not help the business either. Owning a business today is like owning a mine field and the owner does not know where the mines are planted. The Killion Law Firm can spot these mines.
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