Call Us 866.940.1101 ☰ ˟
866.940.1101
Logo
  • Home
  • About Us
    • About Us
    • Employee Directory
    • Partners Page
    • Event Calendar
    • Refer a Friend
  • Get A Quote
  • Products
    • Lawyers Malpractice Insurance
    • Professional Liability Coverage For Attorneys
    • Accountants Professional Liability
    • Dentist Malpractice Insurance
    • Business Owners Policy
    • Cyber Liability Insurance
    • Workers Compensation Insurance
    • Title Agents E&O Insurance
    • Paralegal Malpractice Insurance
  • Testimonials
  • Common Terms
    • Common Terms
    • Frequently Asked Questions
  • Blog
  • Contact
  • Areas We Serve
    • Grand Rapids, MI
    • Detroit, MI
    • Lansing, MI
    • Kalamazoo, MI
Home > Blog > Employment Practices Liability—Think before you Tweet or What You Put on Post-it Notes!
TUESDAY, MARCH 7, 2017

Employment Practices Liability—Think before you Tweet or What You Put on Post-it Notes!

We have blogged about being careful what you Tweet, Blog and Post.   It appears that we left off a low tech method to get you in as much, if not more trouble.  The Texas Roadhouse chain of restaurants had in 2011 396 locations and 40,000 employees and is subject to an EEOC suit filed in 2011 over age discrimination. Case 1:11-cv-11732-DJC

At the corporate level, “The Recipe for legendary service is this:  Hire Young,” stated EEOC attorney Smolik.  On an individual level it was very brazen.  For example, one older job applicant was told by a Texas Roadhouse employee that the company preferred to hire “slim young blondes”.   Many of these issues come down to “he said she said”.  So normally the EEOC will not pursue an age basis suit on this alone.

This is a big entity; certainly given this day and age Post-It Notes would not be a common issue.  Kudos to the thorough documentation of Texas Roadhouse, as it made as easy case for the EEOC.  Part of the evidence the EEOC presented were job applications from 38 restaurants in 20 states on which company officials attached yellow Post-it® notes with comments such as “48 years old, looks 38,” “Older,” “Old chick,” “Older guy, seems nice,” “A little old, but says she can hang,” “Older, doesn’t fit the Texas Roadhouse culture,” “OLD,” “Super old, nice guy,” “Middle age, doesn’t really fit our image,” and “Mature... loves to dance.”

Also included as part of the evidence were statistics showing that, of the almost 200,000 people Texas Roadhouse hired over the years for front-of-the-house jobs, fewer than 3,000 employees were over age 40. This was a disparity so great the government’s expert witness estimated the odds of it happening absent discrimination at one in 781 billion.

The January 2017 trial resulted in a mistrial after the jury could not reach a unanimous decision. 

Most businesses would never have such practices, but just being accused of employment discrimination can be costly to defend.  Normally an business owners policy and/or a malpractice policy with provide little or no coverage for defense, and also for an indemnity payment if needed.  To be properly covered the firm needs to have an Employment Practices Liability Insurance policy.

Posted 4:12 PM

Tags: employment practices liability
Share |


No Comments


Post a Comment
Required
Required (Not Displayed)
Required


All comments are moderated and stripped of HTML.

NOTICE: This blog and website are made available by the publisher for educational and informational purposes only. It is not be used as a substitute for competent insurance, legal, or tax advice from a licensed professional in your state. By using this blog site you understand that there is no broker client relationship between you and the blog and website publisher.
Blog Archive
  • 2023
  • 2022
  • 2021
  • 2020
  • 2019
  • 2018
  • 2017
  • 2016
  • 2015
  • 2013
  • 2011

  • lawyers professional liability insurance(429)
  • attorney malpractice insurance(384)
  • attorney malpractice(337)
  • legal malpractice(223)
  • legal liability(134)
  • cyber insurance(102)
  • data breach(92)
  • ethics(87)
  • erp(57)
  • malpractice insurance(54)
  • claims(39)
  • title agency e&o(36)
  • accountant e&o(34)
  • extended reporting period endorsement(30)
  • tail(29)
  • phishing(25)
  • prior acts(22)
  • legal malpractice insurance(21)
  • claims made coverage(21)
  • extended reporting period(21)
  • cyber security(19)
  • cyber liability(18)
  • accountant errors & omissions(18)
  • claims reporting(17)
  • crime insurance(16)
  • ransomware(16)
  • claim prevention(16)
  • attorney protective cle(14)
  • the hartford weekly newsletter(14)
  • attorney protective cle webinar(14)
  • 2022 mcgowan pro cpe webinar for accountants(13)
  • mcgowan webinar series for cpas 2021(12)
  • professional liability insurance(12)
  • retirement tail(12)
  • business owners insurance(11)
  • legal liability insurance(11)
  • fee suits(10)
  • full prior acts(10)
  • attpro tip of the month(10)
  • accountant errors & omissions insurance(10)
  • non-practicing erp(9)
  • bop(9)
  • cyber liability insurance(9)
  • title agent errors & omissions(9)
  • cyber crime(9)
  • claims made(9)
  • prior acts date(8)
  • webinar(8)
  • step rating(8)
  • lawyers(8)

View Mobile Version
Logo
Quick Links
Home Our Products Customer Service Payment Options Common Terms
About Us Refer A Friend Our Carriers Blog Contact Us
Location
2430 Camelot Ct SE
Grand Rapids, MI 49546

Local: 616.940.1101
Toll Free: 866.940.1101
Email: info@L2ins.com
Facebook Twitter Social LinkedIn
© Copyright. All rights reserved.
Powered by Insurance Website Builder