Personal Liability Workplace Decisions

Recently, there has been a lot of press about an alarming trend in employment law cases: executives, managers, and other decision-makers are being sued personally for their workplace decisions. This article explores some of the conduct that has landed management in hot water and offers tips and suggestions for (i) minimizing the likelihood of being named as a party to a lawsuit; (ii) assisting in a lawsuit’s defense; and (iii) protecting personal assets.

There is rarely "smoking gun" evidence of discrimination. Rather, most claims involve allegations that an employee was treated differently than his/her peers due to his/her protected status. See Goodwin v. Bd. of Trustees, Univ. of Ill., 442 F.3d 611, 619 (7th Cir. 2006) (reversing grant of summary judgment where two employees engaged in similar conduct, but only the plaintiff, who was a member of a protected class, was demoted for the misconduct). Executives should thus strive for consistency in