Does your organization have a human resources strategy that has been tested in court? Has your policies and procedures contain workplace compliance law best practices to insure they will minimize the damaging effects of litigation? Below are examples of what the courts have ruled on based on having a strategic HR practice in organizations:
- During 1998 and 1999 the US Supreme Court’s decisions in Faragher,
Ellerth, and Kolstad demonstrated the impact of proactive employment
training. Since then, many state supreme courts and lower federal courts
have followed with decisions:
- For example, the New Jersey Supreme Court held in 2002 that,
in the absence of managerial and supervisory training that triable
issues existed as to the effectiveness of the counties (Gaines vs.
Bellino).1
- A female African American Woman complained about a barrage
of comments about her body and African American women in general
and filed suit against her trucking company. Although they posted
anti-discrimination posters, the company never adopted specific
policy and trained. Therefore the company is subject to punitive
damages (Anderson v GDC Inc.).2
- A company escaped liability in a case by undertaking training
(Potomac Corp v Swinton).3
- Recently the US Supreme Court upheld a one million dollar
punitive damages award in a racial discrimination case and
excluded evidence of post litigation training because the training
had only been implemented two months after the lawsuit was filed.
- Harassment litigation is no longer limited to sexual harassment.
For example, since September 11, 2001 there are a growing number of
harassment claims being filed by those of Muslim faith or Arab and Middle
Eastern national origin.4
This potential financial loss and disruptive nature of workplace
compliance lawsuits can and do have a numbing effect on the workplace.
Employee morale and individual productivity is diminished and usually takes
months even years to fully recover.
Is one of your professional services firms part of Workplace
Compliance Training Services? Search here
to locate a firm that can both meet your compliance law and training
needs.
