Steps to Take with Your Client to Prevent FRD Claims
- Make your client aware of the growing number of FRD cases that are being brought, plaintiffs’ nearly 50% success rate, and recent verdict amounts. A good source for this information is WLL’s litigation report. Investing in prevention is a much smarter strategy than risking these results.
- Review your client’s handbook for policies that may give rise to FRD claims. Pay particular attention to attendance, leave, evaluation, discipline, promotion, and compensation (with an emphasis on incentive pay, if applicable).
- Provide training for your client’s HR professionals, managers, and supervisors. At a minimum, training should cover the types of biases that cause FRD, common factual situations that give rise to FRD claims, and potential legal liability. WorkLife Law can work with you to create and/or present trainings of this sort for a reasonable fee.
- Set up a complaint and investigation procedure for your client. FRD claims come in so many varieties that it may be difficult for HR professionals and management to always recognize them, but training and checklists can help.
- Encourage your client to adopt a policy that it will not discriminate based on family responsibilities (or include FRD in its existing anti-discrimination policy). This not only sets the tone for the company, but gives an opportunity to educate management and employees. In addition to preventing discrimination, it may be possible to use a strong policy and training program as a defense against punitive damages.
For more detailed best-practice information to share with your client, see our Employer Best Practices.
Webinars and Briefings
From time to time, the attorneys at WorkLife Law provide webinars and in-person briefings about trends in FRD litigation for management attorneys. We also provide presentations to various bar groups. To get information about upcoming teleconferences and briefings, please send an email to Info@worklifelaw.org.