There was an interesting ruling in California a few months ago[1] and you don't need to look too hard to find cases in which an employer was found liable or settled[2].
Keep in mind that when a lawsuit is filed, the strength of your defense doesn't matter if you don't have the funds to pay a quality attorney. In many kinds of cases, you can easily rack up tens of thousands of dollars in legal bills before you even begin to address substantive matters, and plaintiff's counsel has no incentive to approach the matter in a fashion that reduces your costs.
Keep in mind that when a lawsuit is filed, the strength of your defense doesn't matter if you don't have the funds to pay a quality attorney. In many kinds of cases, you can easily rack up tens of thousands of dollars in legal bills before you even begin to address substantive matters, and plaintiff's counsel has no incentive to approach the matter in a fashion that reduces your costs.
[1] http://www.xperthr.com/news/marriott-ruling-highlights-risks...
[2] http://www.tprglaw.com/wolowsky-v-bum-steer-restaurants-inc