When temporary employees bring discrimination or labor suits against their employment agencies, the client-employers may be subject to joint liability

Article Abstract:

Employers assume that temporary employees resolve discrimination and labor disputes with their employment agencies, but suits suggest that this assumption occurs at employers' peril and that the client-employer of the temporary agency may be jointly liable. Before retaining an agency, employers should ask about their familiarity with matters of joint employment and how these have been handled when they have occurred previously. Employers should also think about giving the agency as much supervisorial and fiscal responsibility as is consistent with achieving business objectives.

Temporary employment, Joint tortfeasors

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Rights act reshapes remedies

Article Abstract:

The Civil Rights Act of 1991 changes the available remedies for victims of discrimination. In addition to standard remedies such as back pay, the act allows compensatory and punitive damages in discrimination cases under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act and the Vocational Rehabilitation Act of 1973. However, caps are placed on damage awards, except for those under Section 1981 of the Civil Rights Act of 1866.

Damages, Damages (Law)

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Supreme Court takes rare look at insurance; employment discrimination claims coverage increasingly includes punitive damages

Article Abstract:

The US Supreme Court's 1999 ruling in Kolstad v. American Dental Ass'n is discussed, a case which held that punitive damages can be used even without egregious conduct by the employer. The chance that a punitive damages award would be insurable as a matter of a state's public public policy was also increased by Kolstad.

United States, Usage, Exemplary damages, Punitive damages

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