Employment litigation can be a frustrating and painful process for all parties involved. Even when a good selection system is challenged, organizations may suffer serious distractions from their regular operations, bear heavy court costs and other litigation expenses, and be subjected to negative public opinion and image problems. When a poorly designed system is challenged the costs can be even greater, including missed opportunities to capitalize on the many advantages of a diverse and competent workforce, damage to the organization’s culture, punitive penalties and redress expenses, as well as the personal costs to those against whom the organization may be discriminating.
Given the financial and organizational costs of employment litigation, it is simply good business practice to abide by the law and invest in high-quality selection processes. This chapter is designed to lay out a path for organizations so that they can avoid the pitfalls and landmines of employment litigation and put themselves in a better position to improve their hiring procedures and, ideally, escape avoidable litigation.