To minimize the legal risk of improperly implementing formal flexibility, the following practices are recommended:

1. Individualize flexibility rather than assuming one type will work for everyone. Offer many types and combinations, limited only by genuine business needs.

2. Assume that any job can be done flexibly, including supervisory jobs.

3. To create fairness, make flexibility available to everyone, not just parents or high-performers. This approach avoids issues of backlash and putting an unequal burden on other employees.

4. Apply a principle of proportionality to jobs that are less than full time--e.g., proportional pay, benefits, work and bonuses for employees on reduced work schedules.

5. Ensure that people working flexibly have equal advancement opportunity.

6. Ensure that people working flexibly have equal job security.

7. Pay attention to the behavior and signals sent by mid-managers and supervisors.

8. Do not assume that someone working flexibly is doing lower quality work.

9. Do not apply stricter workplace rules or performance standards to men or women who work flexibly than to others.

Source: Better on Balance? The Corporate Council Work/Life Report. 2003. The Project for Attorney Retention. See www.pardc.org