Over the past several years, there’s been an upward trend in employment-related claims. While post-hire claims have been more commonplace in the past, there is a movement toward claims due to improperly executed pre-hire processes.
With the Fair Credit Reporting Act now influencing how a background check can be utilized, organizations must take efforts to ensure compliance with EEOC guidelines. This involves the timing associated with pre-adverse action and adverse action notifications, as well as ensuring that an individualized assessment is being performed relative to the job being applied for.
So the industry has many conditions that make it ripe for an increase in class action lawsuits, especially considering the number of applicants screened within a staffing environment.
Fear not! Prevention is easier than you think. However, it takes consistent rigor in implementing a few key action items:
- Workplace Policies – Establish clear Workplace Policies on employment practices, including a channel for employees to report concerns and management to respond
- Educate & Train – Institute education and training for management, supervisors, and employees regarding employee-related issues and where to receive support. HR and Legal counsel can be sought for guidance.
- Hiring Practices – During pre-hire, ensure hiring practices are being properly executed. Consider establishing an adjudication panel that can review candidates with a questionable record.
- Job Descriptions – Develop job descriptions that clearly define expectations.
- Documentation – Maintain written records of all employment-related practices, complaints, investigations, responses, emails, signed handbook, signed job description, and related items. This can support a legal defense, if needed.
Of course each organization has many different risks facing them on a daily basis. With so many risks, it’s easy to become overwhelmed. Implementation of a risk management program can help you understand your risk profile, get aligned on those few critical risks that can most impact your business – positively or negatively – and allow you to maximize your organizational effectiveness and profitability.
To learn how People 2.0 can help, contact us today.