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Avoid costly litigation: ten steps to implementing lawful hiring practices.

Judith H Holmes1

  • 1Judith Holmes & Associates, LLC, 7887 E. Belleview Suite 1100, Englewood, CO 80111, USA. jdthhlms@aol.com

Pain Physician
|July 27, 2006
PubMed
Summary

Physicians face rising employment lawsuits, often due to hiring mistakes. Implementing lawful hiring practices can significantly reduce litigation risks and improve practice efficiency.

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Area of Science:

  • Healthcare Management
  • Employment Law
  • Risk Management

Background:

  • Employment-related lawsuits and charges against employers are increasing significantly.
  • Physicians, as employers, are increasingly targeted by various employment claims, including discrimination and breach of contract.
  • These suits carry substantial personal, professional, and financial tolls and are often not covered by standard insurance policies.

Purpose of the Study:

  • To highlight the growing risk of employment-related litigation for physicians.
  • To identify common legal issues that precipitate these costly lawsuits.
  • To provide actionable strategies for physicians to implement lawful hiring practices and mitigate litigation risks.

Main Methods:

  • Analysis of U.S. Equal Employment Opportunity Commission (EEOC) enforcement and litigation statistics.

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  • Review of common employment-related claims faced by physicians as employers.
  • Identification of best practices in lawful hiring to prevent disputes.

    • Main Results:

    • The U.S. Equal Employment Opportunity Commission (EEOC) received 80,840 discrimination charges in a recent year, the highest since the mid-1990s.
    • Employers paid substantial amounts in settlements and judgments related to discrimination charges and EEOC lawsuits.
    • Hiring mistakes are a primary driver of costly employment litigation for physicians.

    Conclusions:

    • Effective employment practices, particularly in hiring, are crucial for reducing the risk of expensive litigation.
    • Implementing ten specific lawful hiring strategies can help physicians minimize legal exposure.
    • Proactive risk management through sound employment practices can improve office efficiency, staff morale, and overall productivity.