We represent the entire spectrum of employers - if there is a common theme, it's that many are still not prepared for litigation from employees and former employees. The smaller the company is, the less likely that it has the policies in place to address the common workplace problems that lead to lawsuits.

The truth is, nowadays policies are just a starting point. Education of managers and employees is part of the process today as well. A training component - training against sex harassment, for instance - should be standard practice. Employers also have to monitor their workplace. They have to demonstrate their policies are effective.

We do see a growing number of complaints alleging a hostile work environment and some workers have brought suits based on those complaints. But many people mistake hostility for discriminatory behavior. If an employee is criticized, it is perceived as a hostile work environment. The employer or supervisor might be surly or unpleasant, but that doesn't have anything to do with discrimination on the basis of a protected trait.

Still, we're seeing more and more lawsuits - which cost companies a lot of money to defend. Companies have to decide when confronted with these suits whether principle trumps economics.

Jurors today have many, many influences. Their own experience in the workplace colors their views. For some, it becomes difficult to distinguish what may be perceived as unfairness from a violation of the law. And employees themselves have grown more savvy. Some will tape-record conversations, or remove confidential documents from the workplace. In this environment, it can be very difficult dealing with an insubordinate, unreliable or non-performing employee.

We try to practice what we preach here at Jackson Lewis. We've grown steadily, but our workplace has very little turnover. I think stability is the key to a successful workplace. It's about treating everyone fairly. When I get up I look forward to going to work - I love it. I can't imagine doing anything else.