The Liability of Public Executives: Implications for Practice in Personnel Administration

Abstract

This article provides an overview of the law of tort liability as it applies to personnel administrators. Starting with the premise that personnel practitioners can avoid liability pitfalls by familiarizing themselves with current statutory and case law, the authors analyze trends in the development of personal and official liability. The impact of tort liability upon the personnel profession is exemplified through reference to four personnel topics: employee non-discrimination; union activity; disciplinary policy; and supervisory practices. The authors conclude with several recommendations intended to assist practitioners in avoiding liability problems, including the careful design of bias-free rules and regulations, and the establishment of training programs and monitoring systems to avoid and/or remedy potential liability risks.