Most employment practice liability insurance claims result frommanagement failing to take training in the area seriously, anattorney cautioned an insurers group yesterday.

Speaking at the Professional Insurance Wholesalers Associationmidyear meeting in Pearl River, N.Y., Paul Siegel said, “Managersdon't understand what this is all about because no one explains inreal life terms what this is all about.”

For example, the lackluster employee who is barely surviving onthe job for years finally goofs up once too often and gets fired.But lo and behold, he claims it is because he is over 40, or if itis a woman, because she just became pregnant, he said.

Mr. Siegel, a partner with Jackson Lewis law firm, said,“Despite increasing equal opportunity awareness and efforts toimplement effective policies, statistics show continuing highlevels of allegations of unlawful discrimination.”

He quoted a Jury Verdict Research report that said the nationalmedian for jury awards in employment practice liability cases rose18 percent in 2003 to $250,000.

From 1997 to 2003 age discrimination plaintiffs won the mostmoney, according to the study.

Last year a U.S. Supreme Court ruling involving the City ofJackson, Miss., found that an individual protected by the AgeDiscrimination in Employment Act can sue an employer if his actionshad a disparate impact because of age.

“Employers should, among other things, review their currentcompensation, benefit or other employee policies to evaluate theirimpact upon older workers and address any unintended consequencesin light of this decision,” he said.

In essence, employers must look to see if their actions have adiscriminatory impact, even if that was not the intention, hesaid.

Other new areas of concern, he said, include religiousharassment for which claims have risen 30 percent since 2000.

“To minimize conflict, an employer should have ananti-harassment policy in place and proceed with the bestintentions and good faith in dealing respectfully with the employeewho raises a religious issue to arrive at a mutually acceptableaccommodation,” said Mr. Siegel.