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The Only Solution
It is not enough that the top executives and the HR professionals know the risks and remedies that will now dominate American workplaces. The word must get to the managers in the field - the people who routinely deal with the Costas of the world, and make the decisions that lead to the liabilities. Employers will now be judged by what seems to be true, not necessarily what is really true, and it is the field managers, not the top executives and HR people, who create the evidence that matters. Appearances will now trump reality.
Are your managers trained uniformly? Do some act one way, and others another way, in respect to hiring, evaluation, promotion ... thereby creating unintentional inconsistencies that will look like discrimination when played out in a court room?
Are your managers trained in the nuances of avoiding the appearance of discrimination in the way they treat employees? Do they, like many, unwittingly treat men differently than women or older workers differently than younger workers or disabled workers differently than those without disabilities (even if just for the purpose of being what they think is polite)?
Are your managers trained in the art of keeping files so they can prove that an individual was promoted or disciplined or terminated on the basis of merit, not race or gender or age? How will they, and your files, stand up under cross examination?
Do you have the proper procedures and forms in place that create and enforce the kind of uniform, compliant employee treatment that minimizes the creation of adverse circumstantial evidence? Are your managers trained in their use and application?
The effects of the Costa decision will play out for many years, maybe decades. This is serious stuff. The balance has tilted dramatically, and you better get prepared.
Over the last several months, we have been putting together an expanded business compliance/lawsuit prevention consulting and training firm to assist our clients in the prevention of employment and HR-related liabilities. We have been providing services of this nature for some time, through the Powell Trachtman law firm, and through Powell Trachtman Training and Consulting, LLC, but saw the need to increase the scope of our services and capabilities - even before the Costa decision, which shocked the most jaded legal analysts, hit the docket.
Our new firm, Counsel Consulting Group LLC, is already providing services to selected clients, and will be up and running on a full scale basis as of July 1, 2003. Look for our website, www.counselconsulting.com, at that time.
In the meantime, we urge you to get ready for a brand new and much more difficult world. We are accepting engagements now and, candidly, expect to be quite busy, particularly in view of the Costa case, the new overtime requirements, the advent of HIPAA, and an array of other developments, many of which we have recently written about in Avoiding Lawsuits.
If you wish, you may contact us at:
mtrachtman@counselconsulting.com
Counsel Consulting Group LLC helps companies throughout the United States avoid employment and HR-related claims and liabilities. CCG assesses existing policies, procedures and problem areas; it provides customized liability-avoidance training to managers and executives; and it designs and implements business techniques that reduce employment liability risks on a long term basis. CCG also offers specialized workshops for managers and HR executives, customized consulting in focused employment-related areas, and CD-ROM and web-based training alternatives. For more information, contact us at info@powelltrachtman.com and visit our website at www.counselconsulting.com.
Powell, Trachtman, Logan, Carrle & Lombardo, P.C. is a full service law firm with offices in suburban Philadelphia, PA, Harrisburg, PA and Cherry Hill, NJ. Powell Trachtman represents a variety of commercial enterprises, entrepreneurs and business executives in respect to their litigation, litigation avoidance planning, business formation, business transactions, estate and tax planning, and other needs. We are also approved defense counsel for numerous insurance carriers in matters pertaining to professional malpractice, products liability, employment practices, directors and officers liability, and many other fields. For more information, contact us at info@powelltrachtman.com and visit our website at www.powelltrachtman.com.
