Employment Practice Liability Jury Award Trends Hit New High

January 17, 2013

eplAccording to the 2012-2013 Edition of Jury Award Trends and Statistics, now published by Westlaw, the median award of employment practice claim in 2011 was $325,000, up from $172,500 in 2010. The median award rose from $489,951 to $528,957. The amount of claims in the $250,000 to $1 million range rose from 34% to 56%. The award median for age cases was $247,800; disability $292,500; race $215,652; and sex $150,000. As a separate category, retaliation awards had an award median of $208,275 with an award mean of $741,971.

Consistent with past years, state verdicts are generally higher than federal court verdicts, averaging more than 1.5 times the average federal court verdict award.

The probability of the plaintiff winning a case at trial hovers at 51%. Age cases 40%, disability discrimination 44%, race 50%, and sex 64%.

Even the settlements of getting more expensive. The average employment practices settlement median was $100,000 with a settlement mean being $178,063.

Statistically, a company with 100 employees can expect to get hit with an employment practices claim once in every three years. All the above is plenty of reason to make sure you have your compliance act together and purchase employment practices liability insurance. To order your copy of the report, go to http://store.westlaw.com/employment-practice-liability-jury-award-trends-statistics-2012/186040/30089008/productdetail.

Join us Wednesday, January 23, at 2PM EST for the EPLI Trends: An Update from Betterley’s EPLI Market Survey 2012 Webinar presented by EPLI expert, Rick Betterley.


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