Guarding against employment practices liability can be difficult for most employers, despite their best efforts at treating current and potential employees fairly and appropriately. There are a number of circumstances that can lead to claims of poor employment practices. Employers should especially be wary of the following often-overlooked categories of claims.
1. Misconduct Prior to Hiring
Many people believe employees can only make employment practices claims for incidents that occur after hiring. In reality, employers can face employment practices liability over the way they post the job or conduct the interview. Employers must phrase the job listing carefully, avoiding language that discourages certain groups of applicants. During the interview, employers must stay away from illegal questions and avoid describing the job in terms that give a misleading impression.
2. Poor Evaluation and Promotion Practices
Once they are hired, employees may bring various charges if they are not given appropriate opportunities based on their job performance. An employee may make a claim of negligent evaluation if the employer does not conduct fair and accurate reviews. An employee may also claim failure to promote if he or she is inaccurately evaluated or unfairly passed up for a promotion.
Reliable Protection Against Claims
The challenge for employers is that there can be a breakdown between employer intentions and employee perceptions. Unfortunately, misunderstandings and miscommunications can prove costly for employers, even if they are not ultimately found guilty of poor employment practices. This makes investing in employment practices liability insurance essential for virtually any employer.