Global Employment Best Practices

Many employers operate in multiple countries, and need uniform best employment practices that work globally.?

Fortunately, most employment law claims require a common core of intentional discrimination. “The ultimate question in every employment discrimination case ... is whether the plaintiff was the victim of intentional discrimination.”?Reeves v. Sanderson Plumbing Products, Inc., 530 U.S. 133, 153 (2000).

This in turn is based upon universal principles of human rights, which give effect to the "inherent dignity" of all people. (Preamble, Universal Declaration of Human Rights) Virtually all employment laws are construed in light of this discriminatory purpose and limitation.

Thus, employers can be liable for mistreating employees based upon discriminatory intent -- with a purpose of mistreating members of a group protected by law. However, employers are rarely liable for enforcing neutral principles of job performance.

In practice, this translates into practices that treat employees equally based upon job performance, and that promptly document deficiencies in job performance to create a written record prior to litigation. See Weimer et al.,?Employment Practices Liability, Second Ed., Chapter 6 (National Underwriter).

Training for your management team in these universal best practices is an excellent investment!