Which HR Lawsuits Will Get the Most Press?

Human resources law has long been a hot-button topic for employers.

This year, there has been a significant increase in legal challenges to workplace discrimination claims and an increase in claims for harassment and retaliation against workers who complain about their jobs.

HR lawyers and lawyers who specialize in workplace discrimination are looking for a way to win these cases and to bring them to court. 

The top legal issues are: What are the legal rights of employees and employers? 

What are the protections afforded to employees and to employers?

How does HR work? 

How do employees and their employers share the legal responsibility for protecting each other and the workplace? 

Who is liable for workplace injuries? 

Why does HR law have to be so complicated? 

Where can I find legal help? 

The American Bar Association is a professional association of lawyers.

The American Civil Liberties Union is an advocacy organization that defends the rights of people in the United States and abroad.

In the past year, the Human Resources Law Center of America (HRLCA) has been collecting data about how HR lawyers are representing employees against employers who claim HR law is inadequate, too vague, or insufficiently enforced.

HRLCA has identified a number of HR cases in which HR law suits have been filed, and it is working to collect the data needed to inform future HR lawsuits.

This report will discuss the legal issues raised by HR lawsuits and provide a brief overview of the issues. 

What HR lawsuits are being filed? 

Since the HR law changes in 2012, more than two dozen lawsuits have been brought by employees and/or their employers alleging HR laws are inadequate, that HR law violates workers’ rights, or that HR laws violate HR professionals’ rights.

Many of these lawsuits have had HR lawyers involved.

Many HR lawyers also have experience in other areas, including human resources and payroll law.

Many claims of discrimination and retaliation have been asserted against employers based on the HR policies, including: HR Policies against retaliation against employees or employees of HR professionals for complaints of HR discrimination and/OR HR policies against retaliation in violation of HR policies (e.g., withholding of compensation). 

What is HR law? 

HR law is the law governing the legal system and is the subject of many of the cases in this report.

It is designed to prevent and punish discrimination, retaliation, and harassment. 

HR professionals are legal professionals who practice the law and administer a legal system that regulates the rights and responsibilities of employees. 

Employers often assert HR laws to protect their bottom line and the integrity of the workplace.

These claims often involve unlawful discrimination and illegal retaliation, which could result in significant civil penalties. 

Do HR laws have to contain HR professional language? 

No.

HR law may be used in some cases to protect an employer’s interests and to protect its bottom line, but HR professionals have rights and are protected by the law. 

Who has a right to a fair trial in a HR lawsuit? 

There are several types of lawsuits in which a court may award damages in addition to compensatory damages.

These include wrongful termination and intentional infliction of emotional distress. 

Does HR law require employers to use the HR language?

No.

Employers may use HR language only when there is a substantial likelihood that the use will be unfair. 

Will HR lawsuits be more expensive? 

It is important to note that HR lawyers have a fiduciary responsibility to the clients and the employer.

HR laws require that employees and HR professionals provide accurate and truthful information about the law, but they also protect HR professionals.

An employer can have a right not to use HR law to enforce an HR policy.

It would be difficult to determine whether a particular HR professional’s use of the HR code is likely to be unfair and unfair use is more likely to result in a monetary award than a civil claim. 

How can HR lawyers help me? 

In order to obtain the data you need, please contact the HRLCa at (800) 882-4331.

To learn more about HR law and the cases it covers, please visit the HR Law Center website at www.hrlca.org/hrlawcenter. 

For questions about HR Law, contact the American Bar Association at (202) 476-4500 or the American Civil Liberties Association at  (202).

476.45.45 or [email protected] 

© 2018 The American Bar Society.

All rights reserved.

This material may not be published, broadcast, rewritten or redistributed without permission.

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