Seven Factors to Prove Malice or Reckless Disregard

Seven factors are considered by the Equal Employment Opportunity Commission (EEOC) in determining whether misconduct was committed with malice or reckless disregard:

  1. the nature and egregiousness of the misconduct; that is, whether it is shocking or offends the conscience;
  2. the nature, extent, and severity of the resulting harm;
  3. the duration of the discriminatory conduct;
  4. the existence and frequency of past discriminatory conduct by the respondent;
  5. evidence  of the respondent’s intent or efforts to conceal the discriminatory conduct;
  6. the respondent’s actions after receiving notice of its agents’ or employees’ discriminatory conduct; and
  7. evidence of the respondent’s retaliatory action against the claimant.

Contact Us Today for a No-Fee Consultation!

Timely, effective legal services with down-to-Earth, common sense advice, provided to individuals, businesses, and organizations.

The legal team at the Law Offices of Mark S. Guralnick is happy to assist you with your legal problems, no matter how big or small. We serve clients throughout the United States and across the world.

Feel free to contact us toll-free at 1-866-337-2900.

8 College
Degrees
6 Specialty
Certifications
9 Bar
Licenses
10 Law
Books
8 Professional
Awards
30+ Years of
Experience
100+ Published
Articles

Licensed as a private detective, Mark Guralnick is a former investigative news reporter, and leverages these skills and experiences to deliver excellent client service while finding smart, practical, cost-effective solutions.

See What We Can Do For You
Back to Top