Two cases in the past month remind us that discrimination and retaliation are easy for employees to prove when managers don't document correctly.
In one case, a long-term employee claimed he was discharged because he married a woman of another race. In the other case, a long-term employee sued because he was fired after his fiancée filed an EEOC claim against the company. In both cases, the U. S. Courts of Appeals held the employees had the right to sue for discrimination or retaliation. In other words, the companies lost (the first round, anyway).
But neither company would have lost if it had documentation proving the bad performance of the
employees. Now, maybe both of these companies were guilty. But if you take management actions that adversely impact employees, and can't prove your legitimate business reasons for them, you, too, could be sued and lose.
If your company is considering anything from rescinding offer letters to layoffs to hiring freezes, legal counsel needs to be involved. Managers must call the experts in-house and document their legitimate business reasons for their decisions. If employees are treated consistently and fairly, there is little chance of a suit, and if you are sued, you'll win.
Do you recognize the Four Key Concepts above?
1. Be consistent
2. Have legitimate business reasons
3. Document
4. Call the experts
About LSA Global
Since 1995, LSA has helped organizations create and maintain competitive advantages through people. Over 85% of our business comes from repeat clients and our customer satisfaction rating is 97.5%. Our clients tell us that we are different. Our clients tell us that we save them both time and money. Our clients tell us that they appreciate access to experts across many areas
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Our clients succeed in the marketplace through increased revenue, decreased costs, and higher productivity. They maintain that our rigorous assessment, implementation, and measurement capabilities bring them tangible results. As an organization, we are fiercely devoted to supporting their success.
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