HR BESTIES HR Besties Happy Hour: Troubling Updates on SHRM
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Nov 5, 2025 Hosts dive into the SHRM lawsuit, revealing allegations of race discrimination and wrongful termination. They discuss the implications of Section 1981 and explore contentious discovery disputes, including the shock of producing exit interview recordings. The conversation highlights common workplace failings brought to light by legal actions and the importance of following HR best practices. With a surprising connection to social justice protests, they emphasize the need for accountability in HR practices. It's a juicy and enlightening analysis for all HR professionals!
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Why This SHRM Case Is Unusually High Stakes
- Employment lawsuits escalate when factual disputes about motives exist and judges think juries must decide.
- Section 1981 claims can expose employers to uncapped damages, raising stakes beyond typical Title VII suits.
Colleague Declaration And Exit Interview Recording
- Leigh describes a sworn declaration from a white colleague who observed differential treatment of the plaintiff at SHRM.
- The colleague also reported concerns internally and mentioned racism in her exit interview, which SHRM recorded.
Recordings Are Discovery Time Bombs
- Organizations can unintentionally create damaging evidence by recording interviews and producing them late in discovery.
- SHRM produced an exit interview audio 10 months after discovery closed, creating new dispute risks.