A company that chooses to “go green” would seem to be making an energy-wise, resource-saving and cost-effective decision. But when that decision plays out in changes to employment policies and practices, there may be unintended consequences. Employment law has yet to catch up with the greening of corporate America, increasing an employer’s risk for litigation. As a result, green programs can drag employers into unfamiliar legal waters, making it prudent to test the depths and currents of those waters before plunging in.

“You can go down this wonderful road to make the world a better place and all of a sudden become a victim of a lawsuit,” says Joshua Davis, shareholder at Ogletree Deakins.