Talent Management — Roles of Lawyers & HR Pros
I originally wrote this a few years ago, but never published it. It seems as timely today as then. It’s a reflection on the differing perspectives and roles of management, HR, and legal counsel as businesses focus more intently on “talent management.”
Introduction
Several recent trends are combining to create both greater legal risks and increased opportunities for employers seeking to improve their strategies for attracting, hiring, promoting, and retaining the best employees.
Businesses driven by an emerging consciousness of the need for overall talent management strategies are making changes in employment practices. Simultaneously, broad-based legal challenges to such practices are on the rise.
The holistic approach favored by wise talent management advocates suggests substantial talent management roles for legal counsel and human resources (“HR”), in addition to a larger role for upper management in what have traditionally been HR functions.
Yet upper management’s and legal counsel’s lack of appreciation for the HR knowledge base, negative stereotyping of HR, and HR outsourcing may all serve to limit involvement of HR. Legal counsel also may be given only a secondary role in planning and strategy, as talent management becomes seen as a central business function, and legal counsel a costly resource to be used only once trouble strikes.
“Talent Management” Comes to the Fore
Enlightened management increasingly recognizes the extent to which the value of a business derives from its people — its “human capital.” The Human Capital Institute states: “[C]orporate market value is increasingly defined as the sum of human intangibles — ranging from the public perception of a company’s intellectual capacity, to its perceived ability to create new solutions, enter new markets and respond to change.”
With this recognition of the role of human capital comes new management jargon — “talent management.” This term has been defined as “the strategic management of the flow of talent through an organization . . . to assure that the supply . . . is available to align the right people with the right jobs at the right time based on strategic business objectives.” This requires “a tight link between business objectives and organizational processes for selecting, developing, appraising and rewarding people.”
Who can best forge this necessary link, bringing these employment processes in line with business objectives and ensuring the needed supply and alignment of talent? Read the rest of this entry »
June 29, 2008 George Lenard











