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HR Staffing | Employment Lawsuits

The main reason behind lawsuits related to employment is faulty practices in staffing or intentional discrimination on a protected feature. There are several different types of lawsuits and the most common ones include,

• Unequal or contrasting or disparate treatment is implied as intentional discrimination on a person’s protected characteristic. Protected characteristics can be religion, national origin, color, sex, age, etc. Unequal treatment can be direct or situational.
• An unintentional mixed motive can arise when the employer is accused of making an employment decision that is legitimate or illegitimate.
• An adverse impact results when an action has an inconsistent effect on a protected group regardless of the employer’s intent.
• Statistical methods are often used to compare the percentages of men, women and minorities employed in a job category with the availability of the qualified and relevant applicants interested in the position.
• Failure to hire lawsuit is difficult to defend in the part of the employer. This can occur in cases of wrongful termination or failure to promote an employee based on legitimate and nondiscriminatory reasons.
• Recruitments that are fraudulent often involve the misinterpretation of the job or the organization to the recruit. Possible instances are when employers try to exaggerate the benefits to lure more skilled people and new hires.
• Negligent hiring often results from the fact that a company hires a known person thereby causing adverse effect to a third party. A company can face lawsuits for negligent hiring if the company is not able to prove the third-party or applicant’s incompetence.
• Negligent referral involves the failure to disclose the complete and accurate information about the former employee.
• Trade secret litigation is a situation, where one company interviews employees belonging to another competitor company to know internal strategies. This practice is normally discouraged by recruiters.

Sexual harassment implies discrimination based on race, color, origins, disability, etc. This can also result from seeking sexual favors from either opposite or same sex members to create a hostile environment. Sexual harassment is always implied as intentional.

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