By Patricia M. Trainor, J.D.
BLR Legal Editor

In yesterday's Advisor, we began our look at the 12 biggest risks for HR in a down economy, as seen by attorney Allison West. Today, we'll look at the final six of those risks and see how training is the key to avoiding them.

West's suggestions came during her keynote address at BLR's 2009 National Employment Law Update, held recently in Las Vegas. West is principal of Employment Practices Specialists, LLC, in Pacifica, California.

[Go here for risks 1 through 6.]

7. It's All in Who You Know

West has noticed a new trend in discrimination claims: associational discrimination. In these cases, a discrimination claim is brought by an employee who is not in a protected class, but who has associated with members of such a group. For example, in one case, a Caucasian coach brought suit claiming he was fired because his wife was African American. West notes that these claims can be brought under a number of statutes, such as Title VII, ADAA, ADEA, and state laws.

8. We Are Family

West predicts a rise in caregiver discrimination claims. Although such claims are not recognized as a separate cause of action, they could be brought under gender or race discrimination laws. These claims arise when an employee believes that he or she has been subject to adverse action because of caregiver responsibilities, e.g., caring for children or elderly parents.

9. The High Cost of Getting Even

Retaliation claims have doubled during the past several years, says West. She sees a high risk of retaliation claims by employees who have complained on behalf of others. These are easy claims to make, she says, and employees are becoming more educated about them. West urges HR to take all complaints seriously.

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10. Leader of the Pack

In a down economy, it is important to remember succession planning. Employers should realize that when the economy turns around, some employees will leave for new jobs, West says.

She suggests conducting cross-training and recommends rewarding star performers even in tough times.

11. Can You Hear Me Now?

West noted the importance of listening to complaints. She explained that even rumors can put HR on notice that inappropriate or illegal conduct is taking place. So, office rumors should be checked out to make sure that any inappropriate conduct is addressed.

12. Will You Be My BFF?

Social networking by employees is popular, but it can be risky, West notes. Employees may make negative statements about the company online, or managers may be accused of harassment because of their social networking posts. It is important for employers to have social networking policies in place, West says. She also believes that employers can restrict managers from engaging in social networking with employees they supervise.

What's the common thread in West's challenges? Training is the key to dealing with them. And training is especially critical for supervisors who are new to the job. They don't know how to handle basic tasks like hiring and firing, let alone intermittent leave, harassment, or accommodating a disability.

It's not their fault—you didn't hire them for their HR knowledge—and you can't expect them to act appropriately right out of the box. But you can train them to do it.

Train your line managers with BLR's 10-Minute HR Trainer. There won't be time for classroom boredom. Try it for free.

To train effectively, you need a program that's easy for you to deliver and that requires little time from busy schedules. Also, if you're like most companies in these tight budget days, you need a program that's reasonable in cost.

We asked our editors what they recommend for training supervisors in a minimum amount of time with maximum effect. They came back with BLR's unique 10-Minute HR Trainer.

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  • Trains in 50 key HR topics, including manager and supervisor responsibilities under all major employment laws and how to legally carry out managerial actions from hiring to termination. (See a complete list of topics, below.)
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  • Completely prewritten and self-contained. Each unit comes as a set of reproducible documents. Just make copies or turn them into overheads, and you're done. (Take a look at a sample lesson, below.)
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  • Works fast. Each session is so focused that there's not a second's waste of time. Your managers are in and out almost before they can look at the clock. Yet they remember small details even months later.

Evaluate It at No Cost for 30 Days

We've arranged to make 10-Minute HR Trainer available to our readers for a 30-day, in-office, no-cost trial. Review it at your own pace and try some lessons with your colleagues. If it's not for you, return it at our expense. Click here and we'll set you up with 10-Minute HR Trainer.

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