Human Resource in an Era of Litigation

It is not long since the days when human resource practices were at their basic. Thus, human resource personnel would be involved in recruitment, interviewing, hiring, orientation, payroll and perhaps organizing parties for employees (Diamante & Neale, 2007). While such functions are still within the purview of human resources, that domain has since expanded to include other aspects of that would never have been contemplated. Often cited as a significant departure from the traditional practice, is the increasing resort to adversarial litigation in solving work related disputes. Critics of this phenomenon trace its origin to the increasing levels of safety, legal, regulatory requirements.  In other words, common sense and compassion in the workplace has been replaced by litigation.
Some of the legal, safety and regulatory requirements are contained in Americans with Disabilities Act, Occupational Health and Safety Act (OHSA), U.S Equal Employment Opportunity Commission as well as by Department of Homeland Security. The laws and regulations have created several rights and obligations on both the employer and the employee. For example, the safety regulations put the responsibility on employers to create safe working conditions for their employees (Diamante & Neale, 2007). On its part, the Americans with Disability Act outlaws discriminating on employees on a various enumerated grounds. These new requirements have created an incentive for employees who feel aggrieved by the decisions of their employers to seek redress in the courts of law. The consequence of increased litigation of workplace disputes has resulted into a radical change in human resource practices.
For instance, there has been a move towards integrating HR practices with other departments of business organizations (Diamante & Neale, 2007). These moves have been necessitated by the need to mitigate risks resulting from lawsuits. A case in point is the move to integrate HR practices with information technology departments. Courts have on occasion found companies liable for losing important data that would have been material in disposing workplace cases that find their way before courts. Such companies have ended up losing the case, thereby, paying hefty compensation for cases that they would have otherwise won had they ensured that the relevant data was available to the courts. Cases where companies have ended up paying hefty sums in compensation in the form of damages to employees include Zubulake v. UBS Warburg and Coleman v. Stanley Morgan each of which was a gender discrimination and falsification of financials cases respectively.
The above cases and similar others, coupled with the new Federal Rules of Civil Procedure since 2006, is forcing human resource, legal and IT departments to integrate their services as a risk control approach(Diamante & Neale,2007). In Zubalake, the court awarded $ 20 and $ 9.1 million in punitive and compensatory damages to an employee. Some relevant emails in the company’s IT network were missing at trial. The jury was instructed to assume that this failure on the part of the company to backup the emails should work against its defense. The implication of the case is that organizations should be able to predict the kind of data that may be useful in a potential litigation. It is a prediction that only cooperation between human resource, legal and information technology departments respectively. Lastly, the new laws and regulations have seen companies buy employment practices insurance liability.


 Reference
Diamante, T., &Neale, P.J. (2007).The Human Resources Profession Catalyses Change to             Mitigate Risk: Electronic Discovery, Information Management, and Corporate Culture on             the Line. Human Resource Advisor, 13-23.


SHARE

College Assignment Samples

  • Image
  • Image
  • Image
  • Image
  • Image
    Blogger Comment
    Facebook Comment

0 comments:

Post a Comment