Employment Practices Liability Assessment

Assessment Introduction

    Page 1

    Welcome to the Employment Practices Liability IQRM!

    Allegations are made daily against employers for everything from wrongful termination, discrimination, sexual harassment, retaliation, to denial of overtime, employee misclassifications and other assorted wage and hour violations.  Terminated employees, angry, and unable to find another job, increasingly look for someone to blame and (hopefully) pay. Their former employers are their first targets, as witnessed by the dramatic increase in employment-related lawsuits over the past 5-10 years. The laws protecting the rights of applicants and employees have grown, creating new and often novel causes of action and broader remedies for employees.

    Please click below to complete a 20 statement survey to gain your organization’s IQRM Effectiveness Risk Audit Score for Employment Practices Liability.

    Statement 1

    How effective has your organization been at designating an individual to assume responsibility for oversight and implementation of all Human Resources issues?

    Statement 2

    To what degree has your organization purchased Employment Practices Liability Insurance?

    Statement 3

    How effective has your relationship been with an experienced Employment Attorney with regards to their advice to HR on day to day problems, solutions, and prevention of potential employment litigation claims and with whom you consult of before taking any adverse employment action against an employee who may possess protected characteristics under the law?

    Statement 4

    How effective has your organization been at having an Employee Handbook that is updated annually and distributed to all employees, who then sign an acknowledgment form?

    Statement 5

    How effective is your new employee orientation program at educating new employees on the company expectations, policies and protocols?

    Statement 6

    When considering a prospective employee, to what degree do you conduct a thorough background check, verify references, and make sure authorization is lawfully obtained for any credit and consumer reports?

    Statement 7

    With regards to supervisor and manager education, how effective has your leadership team been at providing annual training on proper interviewing and hiring techniques, on the administration of the company’s EEO policies and procedures, and reviewing the various employment laws?

    Statement 8

    To what degree are all employees advised of the company’s complaint and reporting procedure published in your company’s employee handbook?

    Statement 9

    How effective has your organization been at maintaining job descriptions and performance standards, and ensure they remain current by accurately reflecting the requirements of each job?

    Statement 10

    To what degree does your organization have a formal employee performance review protocol?

    Statement 11

    How effective has your organization been as maintaining a zero-tolerance policy towards discrimination/harassment/retaliation?

    Statement 12

    To what degree does your organization regularly examine your classification of “employees” and “non-employees” to ensure proper treatment?

    Statement 13

    To what degree does your organization regularly examine your classification of “exempt” and “non-exempt” employees to ensure proper treatment, such as the payment of overtime when warranted?

    Statement 14

    To what degree does your organization regularly examine the composition of your workforce to ensure diversity?

    Statement 15

    How effective are your policy and procedures at ensuring supervisors and managers cannot make independent hiring or disciplinary decisions without HR’s review?

    Statement 16

    To what degree does your organization have a policy addressing how leaves of absence are administered?

    Statement 17

    How effective is your team at regularly examining all employment posters and notices to ensure compliance with the notice requirements of federal, state, and local employment laws?

    Statement 18

    How effective is your organization at surveying your employees for overall satisfaction, commitment, and engagement, then using the survey findings to correct problem areas?

    Statement 19

    To what degree do you carefully document all employment-related actions?

    Statement 20

    How would you rate your organization’s effectiveness at promptly investigating all allegations of harassment or discrimination, and your attempts to resolve them?

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