The Biotech Work Force: Unique Employment Law Issues

Biotech companies face unique tensions and challenges that are often not as pronounced in companies in other industries, because many biotech companies start out as small start ups that lack an HR or legal department. Their primary source of employees in many cases consists of foreign born workers and H-1B visa holders who may not have a firm grasp of existing US harassment and discrimination laws. As such, many biotech firms face a high risk of employment litigation, because no matter how small a firm is, it is still bound to comply with state and federal employment laws.

In biotech companies with a multicultural/multinational workforce, many employees may not be aware of how their cultural norms might clash with those of others in the workplace, which also increases the risk of employment discrimination claims within the industry. Biotech employees, regardless of where they are from, need to be made aware of the protections against discrimination and harassment that are available to them under federal and state laws. Even individuals who work for an American company abroad enjoy the federal protections against such acts, regardless of whether the country in which they are working offers those protections.

Because of cultural differences and the potential for misunderstanding, the biotech industry can face litigation threats arising from a variety of issues on a more frequent basis than in other industries. These issues include improper email communication, exempt vs. non-exempt employee definition, and whistleblower claims, to name a few.