Human Resource Management in the 21st Century
Fact or Fiction?
Question 3: The Need To Know The Law
2007 May 21 Posted by Michael
Most HR professionals become involved in employee relations situations. Frequently, HR professionals are called upon to make decisions related to employee management (e.g. termination, searches, workplace violence) without the benefit of counsel. In these and other examples, the HR professional’s actions are subject to scrutiny as to the rationale for action and compliance with the law (e.g. Title VII).
How are you addressing and managing legal-oriented employee relations situations like the ones referenced? If you do not have access to counsel, how do you make informed decision concerning the type and scope of action?
Note: Information and opinions presented should not be considered legal advice. Please consult with an attorney or other qualified professional for legal advice.
Source: EEOC
Share This »7 Responses to “Question 3: The Need To Know The Law”
Patricia Says:
Based on my experience with medical devices and legal issues (FDA, HIPAA, Health Care Compliance Safe Harbors, other consumer notification regulations), every professional should be aware of legal issues, including HR professionals.
My employer requires every person in every department to be aware of all sorts of legal issues that affect our work. The Compliance department, Legal, and Regulatory offer advice to all the employees when called upon. We do live in a litigious society and ignorance of the law is a poor defense. This is especially relevant for any health care related organization.
Anita Orozco Says:
It is one thing for supervisors and others to be “aware” of various laws, it is another thing to have to make decisions based on that knowledge. You are lucky to have a legal department to go to. Not all HR professionals have that same benefit and must make decisions with their understanding of the law, past practice and policy interpretation.
Of course, it is not difficult to locate an outside employment law specialist to hire on retainer.
Robert Says:
You make a great point Anita. The HR professional should be competent at identifying situations that require consultation with counsel. Many situations may require consultation with an attorney even if there isn’t a legal department.
suresh prasad padhy Says:
Human Resources Management is one area where the Manager is required to know the rules of the business. Such rules are required to prevent discrimination,compliant to the statutory codes, harrassement of any form, and ensure a cogent and better working environment. The Manager should be experienced and should have adequate knowledge regarding the provisions of law.
Jean Says:
Anita:
Do you think that HR professionals should have an obligation to maintain currency thru continuing education in the legal environment? Should this be a mandatory part of CEU’s for PHR and SPHR certifications?
Jean Says:
Suresh:
So the HR professional should mentor and coach management concerning these areas? It has not been my experience that management is knowledable in this area.
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Robert Says:
HR and counsel should work together to ensure a legally compliant workplace. Many potentially litigious situations can be avoided if an HR person is able to identify situations that have legal ramifications. I am not suggesting that an HR professional needs to have the background of an attorney. I am suggesting that to have a general understanding of not just the law, which many already possess, but the “perspective” of attorneys may alert the HR professional to situations where counsel should be immediately consulted. This ability along with the comfort and facility to communicate with counsel will prove invaluable.
May 23rd, 2007 at 6:09 am