The article presents the survey conducted by Fulbright and Jaworski concerning the litigation trends in businesses in the U.S. It was revealed that the numbers of employee's discrimination complaints had increased compared to previous year, complaints were based on race continue to be the most common, followed by gender, retaliation, disability, age and national origin. As litigation trend continuously increases, workplace learning and performance professionals must understand the part they play in reducing litigation costs. It was noted that improving job performance is not the only goal for workforce learning programs but rather, effectively designed, implemented, and documented training has the potential to reduce or prevent liability for an employer.