Statement in compliance with Texas Rules of Professional Conduct. The EEOC achieved a successful outcome in 95.8 percent of all district court resolutions. 1-844-234-5122 (ASL Video Phone), Call 1-800-669-4000
1-800-669-6820 (TTY)
1-844-234-5122 (ASL Video Phone), Call 1-800-669-4000
For example, it is unlawful to retaliate against applicants or employees for: Participating in a complaint process is protected from retaliation under all circumstances. The data in the EEOC's report is a valuable asset to . To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. If you would ike to contact us via email please click here. As employers navigate the new normal of 2022, they might benefit from a glimpse into the agencys enforcement efforts during the past year, with five top takeaways. We encourage you to read the legal notices posted on those sites, including their privacy policies. info@eeoc.gov
The below chart details the number of claims made by category and the percent of the total of number of charges that each category represents. A .gov website belongs to an official government organization in the United States. While these are statutory guidelines that courts will follow in issuing awards, and while they may serve as benchmarks or guidelines in settlement negotiations, ultimately, settlement negotiations are between the employee, the employer, and their respective attorneys. Other charges received by the EEOC include: Out of 67,448 . The next most common charge was disability discrimination, making up approximately 36% of all charges. (Reuters) - President Joe Biden has signed a joint resolution passed by Congress to repeal a Trump-era Equal Employment Opportunity Commission rule that would have overhauled the agency's. BREAKING DOWN THE PRIVACY ACT REVIEW REPORT #3: Removal of The Small White House Releases National Cybersecurity Strategy, Illinois High Court Rules Per-Scan Damages Can Be Awarded Under BIPA, Grassley-Wyden Bill Aims to Fix Broken Tax Whistleblower Law, Lessons Learned From 2022s Trade Secret Verdicts, Mass. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. Critics say rule would delay cases and invite retaliation. H-2B Cap for Fiscal Year 2023 Is Met: A Supplemental Cap Increase As COVID-19 Emergency Waivers End, DEA Proposes to Expand Tele- How Employers Need to Prepare for the End of the COVID Public Health USPTO To Transition To Electronically Granted Patents In April 2023, Reductions in Force: Some High-Level Issues To Consider, CMS Streamlines Stark Law Self-Referral Disclosure Protocol (SRDP), The Alice Eligibility Two-Step Dance Continues, FTC is Talking Trash and Zeroing-in on Recyclable Claims, FTC Hosts Forum on Proposed Rule to Ban Noncompete Clauses. Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues. Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. Mobile Arbeit und regionale Feiertage was gilt? We will respond within 30 days to your request for access to your personal information. This settlement represented a minor win for the pharmaceutical company, since a May jury verdict had decided on $250million in damages for 5,600 employees. 1-844-234-5122 (ASL Video Phone)
EEOC Releases Latest Charges Statistics. Cavouti v. This spike suggests that the EEOC is. If you are seeking information about the EEOC, please call 1-800-669-4000 or e-mailinfo@eeoc.gov. The EEOC filed suit in the U.S. District Court for the District of Minnesota in Minneapolis/St. Ryder and Kimco Settle EEOC Race Harassment and Retaliation Lawsuits for $2 Million Print Email Share Press Release 05-26-2021 Ryder and Kimco Settle EEOC Race Harassment and Retaliation Lawsuits for $2 Million Transportation Company and Staffing Agency Created Racially Hostile Work Environment, Federal Agency Charged The comprehensive enforcement and litigation statistics for FY 2020, which ended on Sept. 30, 2020, are posted on the agencys website, which also includes detailed breakdowns of charges by state. Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers. Any such information collection would be subject to such third party social media network's privacy policy. Supreme Court Clarifies the Meaning Salary Basis Under Federal OIRA Calls for Feedback on Recommendations to Encourage More FTCs One-Two Punch on Data Tracking and Health Privacy. Michigan PFAS Challenge Arguments Briefed For The Court. By July, an agreement brought the cost down to $175million, including $152.5million for plaintiffs and $22.5million to improve internal processes at the company. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. Official websites use .gov The interactive visualization below shows by state where claimants filed most frequently in 2021, and historically. NLRB Places New Limitations on Confidentiality and Non-Disparagement Settlement Will Benefit Many Aging-Out Children in the Green Card SEC Commissioner Discusses Reform to Regulation D, Massachusetts AG Settles Enforcement Action Against Auto Lender. We encourage everyone to browse and search through our continually updated Press Kit, which provides extensive background and context for virtually any question. Of these, employees lost at least half of all cases. The National Law Review is not a law firm nor is www.NatLawReview.com intended to be a referral service for attorneys and/or other professionals. California Law May Limit Hospitals Ability to Adopt The Joint Ankura CTIX FLASH Update - February 28, 2023, Ankura Cyber Threat Investigations and Expert Services. Despite increased agency staffing and a decrease in new charges, however, the number of pending charges increased slightly in FY 2021 to 42,811, a 2 percent uptick from 41,951 in FY 2020, breaking what had been a steadily decreasing private sector charge inventory dating back to 2015. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys or other professionals or organizations who include content on the National Law Review website. Please understand that merely contacting us does not create an attorney-client relationship. After retaliation, the EEOC reports a high number of disability, race, sex, and age claims. As EEOC works to address this issue, you can help. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. During FY 2021, the EEOC continued a practice that began in earnest during the pandemic of expanding the use of virtual mediation via video technologies, which contributed to an almost 6 percent increase in successful private sector mediations, resulting in $176.6 million in recovery to claimants, a substantial $20 million uptick over FY 2020. Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. info@eeoc.gov
Secure .gov websites use HTTPS Retaliation is Again Complaint Number One. This does not include charges filed with state or local Fair Employment Practices Agencies. Welcome to the EEOC's Virtual Newsroom, which offers a wide range of information and materials on the Commission's history, functions, procedures, programs, actions and staff, on the statutes we enforce, and on related research, data and statistics. Fla. Sept. 29, 2021), the EEOC alleged that the Defendant paid a female professor less than her male counterpart who performed the same job. JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. Conversely, monetary resolutions of charges through mediation, conciliation, and settlement increased in FY 2021 to $350.7 million, up from $333.2 million in FY 2020. To contact The Office of Communications, please phone 202-921-3191 or send an e-mail tonewsroom@eeoc.gov. See, e.g., E.E.O.C. An official website of the United States government. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. The comprehensive enforcement and litigation statistics for FY 2020, which ended on Sept. 30, 2020, are posted on the agency's website, which also includes detailed breakdowns of charges by state. As EEOC works to address this issue, you can help. Title VII meets Ms. For Deaf/Hard of Hearing callers:
Licenses for Exports to Are You Ready for the UPC? For Deaf/Hard of Hearing callers:
The EEOC currently has a number of on-going lawsuits and settlements of lawsuits. Stay connected with the latest EEOC news by subscribing to our email updates . The agency received 61,331 charges, a 9.1 percent decrease from the 67,448 charges received in FY 2020. "Over 50% of the EEOC's total lawsuit filings were squeezed into the month of September 2021, versus less than a third of the filings in September 2020. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. 1-844-234-5122 (ASL Video Phone)
We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. Categories of discrimination claims that showed a slight increase in frequency in FY 2021 as a percentage of the total, as compared to FY 2020, were retaliation, disability, race, color, age, and national origin. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page. How Modern Manufacturing Plants Can Protect Against Ransomware, FTC Will Host May 23, 2023, Workshop on Recyclable Claims and the Appellate Court Affirmed An Order Denying A Beneficiarys Request For An Overview of Why Class Action Privacy Lawsuits May Have Just Gotten Gold Dome Report Legislative Day 26 (2023). A lock ( Surprisingly, the numbers were lower than preceding years, and 2020 marked the lowest number of charges filed in over 20 years. An official website of the United States government. We may also notify you of changes to our privacy policy by email. More information is available at www.eeoc.gov.
We use cookies and other tracking technologies to: There are different types of cookies and other technologies used our Website, notably: JD Supra Cookies. A termination that is motivated by retaliation by an employer or supervisor to punish the employee for coming forward is called a retaliatory termination and could entitle the employee to significant damages, including lost wages, punitive damages, and damages for emotional distress. EPA Releases Proposed Approach for Considering Cumulative Risks under Revised Colorado Privacy Act Rules Adopted for Review by Colorado AG. Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. Through advanced legal project management strategies, innovative technology, and an experienced team of dedicated attorneys, the Ogletree Deakins EEO Advantage Administrative Charges Program enables employers to You are responsible for reading, understanding and agreeing to the National Law Review's (NLRs) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. 131 M Street, NE
White House Reviewing Proposed Regulations on Reinstated Superfund You Dont Need a Machine to Predict What the FTC Might Do About Is It Compensable? Engaging in EEO activity, however, does not shield an employee from all discipline or discharge. Late last month, the U.S. Department of Justice (DOJ) reached a settlement agreement with a large clothing retailer to resolve claims that the company discriminated against a non-U.S. citizen in violation of the federal immigration laws. Copyright var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); JD Supra, LLC. Packaging company will pay $90,000 to settle a retaliation suit A female employee, who had been placed at the manufacturing company by a temporary agency, was fired because she complained that one of its employees had sexually harassed her. The EEOC also reported receipt of 3,631 charges in FY 2021 alleging COVID-19 related discrimination, which accounted for 5.9 percent of the total charges received. We use the information and data we collect principally in order to provide our Website and Services. Employers are free to discipline or terminate workers if motivated by non-retaliatory and non-discriminatory reasons that would otherwise result in such consequences. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). An official website of the United States government. $186,295 disability discrimination settlement for an applicant being denied employment for being blind. Accepting Cryptocurrency and Digital Asset Donations: What Charities Need to Know. Locking Tik Tok? Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials. Equal Employment Opportunity Commission on behalf of a. Refusing to hire someone solely because she has filed a charge with the EEOC is as clear a case of retaliation as you are ever going to see, said Gregory Gochanour, the EEOCs regional attorney in Chicago. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor. Share sensitive Notably, the agency this year attributed an increase in merits findings in favor of claimants19.2 percent in FY 2021, up from 17.4 percent in FY 2020to staff having additional time and resources to devote to investigations of charge matters. On March 31, 2022, the Supreme Court of the United States issued a decision in Badgerow v. Walters, No 20-1143, addressing when federal courts have jurisdiction to rule on motions to confirm, modify, or vacate arbitration awards under the Federal Arbitration Act (FAA). As has been the case in past months, most of the settlements involved charges of disability discrimination (6) and sexual harassment, or sexual harassment and retaliation (5). JD Supra's principal place of business is in the United States. EEO Advantage leverages technology and a thorough understanding of agency processes to manage administrative charges proactively and with budget certainty. The interactive visualization below shows by state where claimants filed most frequently in 2021, and historically. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. Please refer to the date at the top of this page to determine when this Policy was last revised. LEXIS 186479 (S.D. An official website of the United States government. Table of Contents Factors that affect the average wrongful discharge settlement Lost earnings You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at: Some browsers have incorporated a Do Not Track (DNT) feature. Federally Recognized Holidays, Employer Considerations for DOLs New AEWR Rule. Retaliation continues to be the most frequently filed claim included in charges with the EEOCan astounding 55.8 percent of all charges filed in FY2020 included a retaliation claim, and we do not expect that trend to change any time soon. This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). MINNEAPOLIS - Employer Solutions Group, LLC (ESG), a payroll services company operating in Eden Prairie, Minnesota, has agreed to pay $95,000 to resolve a disability discrimination lawsuit filed by the U.S. On March 28, 2022, the U.S. 1-844-234-5122 (ASL Video Phone), Call 1-800-669-4000
The EEOC will continue to do what it always has meet new challenges and overcome new obstacles to serve the American people.. The Commission in FY 2021 received the lowest number of charges from workers in more than two decades. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com. The processes for controlling and deleting cookies vary depending on which browser you use. 1-844-234-5122 (ASL Video Phone), Call 1-800-669-4000
The National Law Review is a free to use, no-log in database of legal and business articles. Retaliation was the most common claim in the 2020 fiscal year, as it has been in years past, amounting to 55.8% of all charges filed. AG Clamps Down on Local Solar and Battery Storage Moratoria. Secure .gov websites use HTTPS EEOC recovered just over $106 million for charging parties and other aggrieved individuals through litigation, representing the largest recovery through the EEOCs litigation program in the past 16 years. The applicant filed a disability lawsuit with the EEOC under the Americans with Disability Act ( ADA) and Age Discrimination in Employment Act ( ADEA ). information only on official, secure websites. Continued Downward Trend in Number of Charges Filed; Uptick in Pending Charges. Find your nearest EEOC office
Manners, Compliance into the Weeds: Vindman and Whistleblowers, New Property Owners Will Not Employ Managers Who Engaged in or Allowed Harassment - KINGSTON, N.Y. Kingston Propertiesa group of companies that developed, owned, and managed five affordable housing complexes inmore, Employer Ignored Sexually Hostile Work Environment at Multiple Alabama Locations Despite Employee Complaints, Federal Agency Charges - BIRMINGHAM, Ala. McDonald Oil Company has agreed to pay $400,000 to settle a sexualmore, Employer Allowed Abuse of Pregnant Employee and Fired Her After She Complained, Federal Agency Charged - ASHEVILLE, N.C. North Georgia Foods, Inc., a Georgia-based company operating several Burger King restaurants,more, Supervisors Repeatedly Ignored Farmworkers Reports of Sexual Harassment, Federal Agency Charged - YAKIMA, Wash. Chief Orchards Administrative Services, a tree fruit business based in Yakima, Washington, has agreed tomore, Insurance Company Suspended Employee for Filing an EEOC Charge, Federal Agency Alleged - DETROIT Proctor Financial, Inc., an insurance company based in Troy, Michigan that provides insurance products for residential andmore, Auto Dealerships Paid Female Dispatcher Less than Male Counterpart and Fired Her When She Requested Equal Pay, Federal Agency Charges - BALTIMORE Jerrys Chevrolet Inc., and Jerrys Motor Cars Inc., leading Baltimoremore, PHOENIX Circle K Stores Inc. has entered into a nationwide agreement with the U.S. EEOC resolved 70,804 charges in FY 2020 and increased its merit factor resolution rate to 17.4 percent from 15.6 percent the prior year. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly. Specifically, the charge numbers show the following categories of discrimination, in descending order of frequency: These percentages add up to more than 100% because some charges allege multiple bases. More specifically, we may use your personal information to: JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. Katie Bayt serves as Director of Ogletree Deakins EEO Advantage Administrative Charges Program helping employers manage their administrative charges filed with federal, state, and local agencies nationwide. Despite increased agency staffing and a decrease in new charges, however, the number of pending charges increased slightly in FY 2021 to 42,811, a 2 percent uptick from 41,951 in FY 2020, breaking what had been a steadily decreasing private sector charge inventory dating back to 2015. We use these cookies to allow you to log-in to your subscriber account. The Health AI Frontier: New Opportunities for Innovation Across the FTC to Hold Workshop on Recyclable Claims. For Deaf/Hard of Hearing callers:
Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content. 2023, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved. The Commission in FY 2021 received the lowest number of charges from workers in more than two decades. Read below for the highlights on the EEOC's top charges for FY 2021. 1. DC Circuit to Disputes Ancillary to Patent Matters: You Cant Sit Consumer Fraud PFAS Cases Continue To Rise. 131 M Street, NE
1-800-669-6820 (TTY)
The Future of Stablecoins, Crypto Staking and Custody of Digital White House Climate and Environmental Justice Screening Tool. National Law Review, Volume XII, Number 97, Public Services, Infrastructure, Transportation. For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. A lock ( We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. Learn more about what constitutes retaliation, why it happens, and how to prevent it. ) or https:// means youve safely connected to the .gov website. EEOC Announces Enforcement Priorities for 2023-2027. According to EEOC data, the average out-of-court settlement for employment discrimination claims is about $40,000. Retaliation-Based Charges (Charges filed with EEOC) FY 1997 - FY 2021 Print Email Share Retaliation-Based Charges (Charges filed with EEOC) FY 1997 - FY 2021 The following chart represents the total number of charges filed and resolved under all statutes alleging retaliation-based discrimination. This continues a steady downward trend since 2017 in the numbers of discrimination charges filed with the EEOC. 131 M Street, NE
Our Website and Services may contain links to other websites. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your: Other Information: We also collect other information you may voluntarily provide. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes. Secure .gov websites use HTTPS FY 2021 saw an overall decline in recovery for private sector claimants, down 14 percent from last year to approximately $385 million. 2. The agency received 61,331 charges, a 9.1 percent decrease from the 67,448 charges received in FY 2020. The EEOC advances opportunity in the workplace by enforcing the federal laws prohibiting employment discrimination. Find your nearest EEOC office
The EEOC publication, Enforcement Guidance on Retaliation and Related reflects application of the original federal legislation enacted in 1998, and revision to those laws since. 1-800-669-6820 (TTY)
Equal Employment Opportunity Commission (EEOC)releaseditsAnnual Performance ReportandEnforcement and Litigation Statisticsfor fiscal year (FY) 2021 (October 1, 2020September 30, 2021). However, filings were still down from prior years, for example, when the agency filed 144 and 199 merits suits in FY 2019 and FY 2018, respectively. Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. Retaliation is the most frequently alleged basis of discrimination in the federal sector and the most common discrimination finding in federal sector cases. Frequently Asked Questions. Litigation Setback for Employers Under Illinois Biometric Information Senate Committee Holds Hearing on Future of Low Carbon Transportation North Carolina Senate Passes Compassionate Care Act at Exactly 4:20 States and Feds Signal Big Changes to Telehealth Prescribing. We will make all practical efforts to respect your wishes. The EEOCs Chicago District Office is responsible for processing charges of discrimination, administrative enforcement and the conduct of agency litigation in Illinois, Wisconsin, Minnesota, Iowa and North and South Dakota, with Area Offices in Milwaukee and Minneapolis. "It Ain't Over 'Til It's Over" - Use Of A PTO Introduces Trademark Decisions and Proceedings Search Tool, FDA Issues Draft Guidance on Labeling of Plant-Based Milk Alternatives, Government Wins $43 Million Verdict in False Claims Act Case, BETO Will Host March 23 Listening Session on Next Billion-Ton Report. Please note, this e-mailbox is intended for reporters, news producers, those writing for news publication and broadcasts, and other people working on news programs or stories. The EEO laws prohibit punishing job applicants or employees for asserting their rights to be free from employment discrimination including harassment. The U.S. A lock ( Equal Employment Opportunity Commission released the Fiscal Year 2020 Enforcement and Litigation Data. The EEOC strictly prohibits employers from retaliation in response to employee . Filling 450 primarily front-line staff and attorney positions, the agency boosted. Official websites use .gov Affiliate of the Society for Human Resource Management, Home News 2020 EEOC RETALIATION LAWSUIT- $165,000 Settlement, CONTACT: Elizabeth Banaszak, Trial Attorney, STAN KOCH & SONS TRUCKING TO PAY $165,000 TO SETTLE, Minnesota Transportation Company Retaliated Against Former Employee, for Filing EEOC Charge, Federal Agency Charged. 3. Share sensitive Ongoing Litigation and Settlements Print Email Share Ongoing Litigation and Settlements The EEOC currently has a number of on-going lawsuits and settlements of lawsuits. Equal Employment Opportunity Commission (EEOC), the agency announced today. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. The EEOC framed its FY 2021 as a year of "rebuilding" and strengthening the enforcement capacity of the agency. We are not responsible for the data collection and use practices of such other sites. LockA locked padlock 1-800-669-6820 (TTY)
JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services: Facebook, Twitter and other Social Network Cookies. Equal Employment Opportunity Commission (EEOC) charged in a lawsuitthat Eclipse Advantage, Inc., violated federal law by subjecting an African-American employee to racial discrimination and retaliation at its Aldi Food Service warehouse in Hinckley, Ohio. The Supreme Court Grants Petition to Decide Constitutionality of CFPB Understanding Your Law Firms Value Proposition, Spike in Migrants Crossing U.S.-Canada Border Raising Concerns, Bill to Amend the Gramm-Leach-Bliley Act Introduced to Congress, Energy & Sustainability Washington Update March 2023. Conversely, monetary resolutions of charges through mediation, conciliation, and settlement increased in FY 2021 to $350.7 million, up from $333.2 million in FY 2020. Share sensitive Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public. Once again, in FY 2021, more charges were filed in Texas than in any other state, with 6,508. This section states all income is taxable from whatever source derived, unless exempted by another section of the code. The decree further mandates that Koch adopt a more comprehensive anti-discrimination and anti-retaliation policy, train its corporate office employees on Title VIIs protections against discrimination and retaliation, and report to the EEOC all future complaints of Title VII discrimination and retaliation. LockA locked padlock Telehealth Update: DEA Issues Long-Awaited Proposed Rule on Prescribing Controlled Navigating the FCC's Universal Service Program: Compliance Requirements for Service Providers, Financial Services: Use of Limitation-of-Liability Clauses in Fiduciary Relationships.