A key plank of President Bush's reelection campaign was his promise to curb perceived legal system abuse. In the first month of the President's second term, the Republican-controlled Congress passed the Class-Action Fairness Act of 2005 (the Act). President Bush signed the bill into law the day after its passage.

Failure to investigate a complaint of discrimination or harassment can lead to liability under the anti-discrimination laws. Moreover, the employer can be held liable for punitive damages because of management's failure to investigate. Courts have found that no investigation can be evidence that the employer acted with "malice or reckless indifference" to the employee's federally protected rights.

Parties are increasingly turning to voluntary mediation of their disputes as an alternative to litigation. The reason why mediation has become so popular is its high success rate. Many successful mediators report anywhere from an 80% to 95% success rate. A successful mediation produces a result that both sides can live with and that brings an end to the adverse relationship between the parties.

It was just a few issues ago in the Winter 2003 edition of the <I>RJ&L</I> <I>Employment Law Update</I> that I wrote an article advising employers of the National Labor Relations Board's extension of an employee's <I>Weingarten</I> rights to the nonunion workplace.