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2021 HR Lawsuits: Three Critical Mistakes

Work has changed in many significant ways over the past decade. The workforce is more diverse. Working from home is now common practice in many offices. But one thing that has not changed is the need for the human resources department to avoid lawsuits. Lawsuits may arise due to intentional bad actions on the part of managers, or unintentional violations which are misconstrued. Regardless, managers must avoid both the appearance of impropriety as well as deliberate violations during the hiring, evaluation, and termination process.

Hiring: Dont Be Chatty, Be Professional

Being professional means phrasing employment advertisements in a way that is not intentionally discriminatory. Requested education and experience should directly relate to the needs of the advertised position. For example, demanding that someone can lift fifty pounds as a requirement for a desk job could be viewed as discriminatory against physically disabled persons. Avoiding questions during the interview process that could unintentionally reveal race, religion, ethnicity,

Sometimes employers who wish to build rapport and engage in icebreaking conversations with employees can mistakenly fall into a minefield (for example, asking the prospective employee if they have children, or...
…be subjected to because of their protected category status. A failure to treat employees with the respect and dignity they deserve can make employees understandably angry and resentful; additionally, ensuring employees are paid adequately and receive appropriate benefits for the work they are doing is critical to promoting a sense of goodwill (Meinert, 2014). From a legal standpoint, paying overtime when required, making sure meal and breaktimes required by law are observed, and not misclassifying employees as contractors versus salaried, are also essential to ensure that the company is not vulnerable to lawsuits (2020 top 11 actions, 2020). Employees can and must be accorded all of the protections which…

Sources used in this document:

References


2020 top 11 actions by employers that cause lawsuits. (2020, March 13). CahrServices.


https://www.cahrservices.com/2020-top-actions-by-employers-cause-lawsuits/


5 best practices for avoiding HR lawsuits. (2015, April 13). PayChex.


https://www.paychex.com/articles/human-resources/5-best-practices-for-avoiding-hr-lawsuits


https://www.shrm.org/hr-today/news/hr-news/pages/be-fair-be-consistent-avoid-lawsuits.aspx

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