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Human Resource Development Review
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The Legal Framework of Human Resources Development, Part II: Fair Employment, Negligence, and Implications for Scholars and Practitioners

Alan Clardy

Towson University

Human resources development (HRD) programs may be covered by antidiscrimination, fair employment practices, particularly when HRD programs affect employment decisions. As such, applicant flow, adverse impact, and various kinds of validation studies may be indicated. Fair employment concerns also extend to potential religious discrimination and disability issues in training. Negligence in training design and administration is another liability that may exist. The underlying relationship between training and workers compensation is reviewed. Furthermore, the general conditions for negligence and malpractice in HRD are noted. HRD's role in due diligence examinations, although still emerging at this point, is discussed. Finally, the implications of the legal framework for HRD for both practitioners and scholars are reviewed.

Key Words: employee training laws • unfair training practices • training negligence • training discrimination • training and workers' compensation • training due diligence • malpractice • training testing

Human Resource Development Review, Vol. 2, No. 2, 130-154 (2003)
DOI: 10.1177/1534484303002002003
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