HR
Professionals
are
often
called
upon
to
make
difficult
decisions
that
are
legally
compliant.
Occasionally,
however,
personnel
decisions
lead
to
charges
and
lawsuits
that
may
go
to
trial,
where
a
jury
will
scrutinize
those
decisions.
On
September
13,
2019,
Foulston’s
Employment
Law
Team
presented
a
mock
trial
of
an
age
discrimination
lawsuit
to
a
packed
room
at
the
Kansas
Society
of
Human
Resources
Management
(SHRM)
State
Conference
in
Overland
Park.
During
the
first
hour,
attorneys
for
the
employer
and
former
employee
presented
their
cases
as
they
would
in
a
real
trial
–
but
in
a
much-abbreviated
fashion
–
including
opening
statements,
direct
and
cross-examination
of
witnesses,
and
closing
arguments.
In
the
second
hour,
audience
members
were
divided
into
10-member
juries.
The
juries
received
instructions
from
the
judge,
selected
a
foreperson,
and
deliberated
until
they
reached
a
verdict.
In
case
you’re
wondering,
30%
of
the
juries
found
for
the
employee,
and
70%
for
the
employer.
The
fact
that
so
many
juries,
all
consisting
of
HR
professionals,
reached
different
results
underscores
how
difficult
it
is
to
predict
how
a
particular
jury
might
see
things.
And
why
it’s
important
to
make
and
implement
HR
decisions
in
a
way
to
lessen
the
possibility
that
they
will
be
second-guessed
by
a
jury.
Participants
reported
that
the
mock
trial
provided
a
good
reminder
about
the
need
for
ongoing
management
training
(especially
for
new
managers),
the
importance
of
keeping
personnel
policies
updated,
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