Not all press is good press. No corporation wants to see its brand publicly associated with employment discrimination and multimillion-dollar lawsuits, particularly now that the Internet enables collective memory to extend far beyond the headlines of the last few weeks. In addition, class litigation guarantees years of headaches for in-house counsel and ever-increasing legal costs in even the best-case scenarios.
Most companies believe they are providing a working environment that conforms with equal-opportunity mandates. Unfortunately, a belief in the fairness of workplace policies, practices and procedures is not enough. While it is fine to hope for the best, smart companies should always plan for the worst. The question, then, is what steps corporate counsel should take to ensure that the nightmare of a class action discrimination lawsuit never becomes a reality.
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