In the high-stakes world of trucking, the looming threat of serious accident litigation is a constant reality for many companies. When such situations arise, it’s crucial for owners and executives to understand that the future of their company may be at stake. This was a key takeaway from the recent address by Rob Moseley, a
Developing Offensive Strategies For Employee Issues
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The reality is the Missouri Employers and Illinois Employers face a myriad of issues under state and federal law. While the compliance with dozens of laws seems daunting, there are a number of things that employers can do to be proactive and ensure that, when it comes to equal employment opportunity (EEO) laws, you have an offensive strategy for dealing with employee claims and lawsuits.
- Adopt Policies and Procedures which comply with applicable local, state and federal laws. If you are an employer that operates in multiple states, your policies and procedures need to address the different legal standards which may apply to your respective locations. Furthermore, remember that local laws may expand your obligations and include classes or conduct which is not otherwise protected by state or federal law. For example, employers in the City of St. Louis, Missouri prohibits discrimination on the basis of gender identity and sexual orientation. To date, most courts have not held that either of these classes are protected by state or federal law.
- Have a clear reporting structure for violations. Having policies which are legally compliant is a no-brainer but employers don’t get the benefit of these policies if reporting and enforcement mechanisms are not specifically spelled out. Ensure that your policies and procedures include alternative reporting mechanisms so that a complaining party is never required to make the complaint to the offending party. Further, make sure that you have a clear, unambiguous anti-retaliation policy that protects employees who make complaints in good faith.
- Train your employees on the policy. Employment policies and clear reporting mechanisms are great tools but they are useless if the employees do not know about them. This means that, at a minimum, employees should have EEO training to review the employer’s EEO policies as well as applicable local, state and federal laws. Training has many benefits. In the event of litigation, however, training helps ensure that the employer can avail itself to additional legal defenses.
Please note that this article is a general summary and does not attempt to cover your specific situation or detail the obligations you have under state or federal law. Natalie Higgins is a labor and employment lawyer based in St. Louis, Missouri. She represents employers in all facets of litigation as well as providing consulting and training services to employers who want to proactively manage their employee litigation risks. Questions about your business to improve its discipline policy? Contact Natalie at natalie@hugheslawyersllc.com.
