King Pyrrhus of Epirus defeated the Roman army in the battle
of Asculum, but at great cost. His comment, "Another
such victory would utterly undo me," applies to employment
litigation.
Lawyers are justly proud when they win a difficult
discrimination or harassment case. But after a couple of
hundred thousand dollars in legal fees, disruption at work, and
harm to reputation, an employer may decide that a few more similar
"victories" could shut them down.
Therefore, as every CEO knows . . . the best lawsuit win is to
avoid an EEOC charge or lawsuit in the first place.
A federal judge recently ruled that an atmosphere of moronic and
foul behavior would not, standing alone, establish same-sex
harassment. The court wrote that:
