Non-profits are Not Immune to Messy and Costly HR Lawsuits

This month, a non-profit surgery center in Virginia settled a major lawsuit related to how it treated an employee after being accused of discriminating against the employee because of their age.

The employee, a radiologic technologist, had been out on approved medical leave as the employee took care of carpel tunnel syndrome. The recovery was not going as planned, so the employee asked to extend the medical leave.

Instead of granting the request, the non-profit decided to end the employment and hired two younger technicians to replace the employee, resulting in a lawsuit against the non-profit from the Equal Employment Opportunity Commission.

In the end, the non-profit agreed to pay the employee $50,000 and “revise its policies on the ADA and ADEA, provide training to its management on the ADA and ADEA, educate its nonmanagerial employees on its ADA and ADEA policies and make reports to the EEOC of complaints of disability or age discrimination,” the release from the EEOC stated.

Most likely, that non-profit settled because it could withstand making those changes and paying the fine. The surgery center is part of a larger network of non-profit surgery centers.

For most small non-profit organizations, this type of lawsuit or action could mean the non-profit organization would shut down after spending significant resources on legal fees and other aspects of the fight, not to mention the stress and anxiety such a lawsuit could have on a non-profit organization.

However, the chance of having lawsuits involving human resources issues can be significantly reduced by taking the proper steps before a problem arises. And, if a problem does come up, a non-profit organization can have a better defense by creating policies that oversee human resources – and following them.

The attorneys at The Orlando Law Group specialize in helping non-profit organizations in Orlando, Sanford, Winter Garden and Kissimmee with all of an organization’s essential legal needs, including what is needed for human resources and employment.

Hiring Employees? Be Prepared

For any growing organization, hiring employees is a critical decision. Yes, there are financial implications, but there are also significant legal issues that can arise from employees.

The reality is that most of the same challenges that face for-profit companies also face non-profit organizations when it comes to working with employees. As such, in those cases, what’s critical for Target and Walt Disney World with employees is just as critical for the non-profit organization reading books to children or helping house abandoned cats.

So, let’s start with the basics of employment laws and how all businesses try to protect themselves from issues with employees. Those steps happen long before an employee is ever hired.

At the heart of all employment law is having the right policies and procedures in place and making sure all employees have read the policies, understand how those policies work and agree to follow those policies.

This work needs to be done before any employee has been hired. Here are a few items that need to be created by your non-profit before bringing on any employees.

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