Clean Up Practices That Can Lead to Big Problems
Workplace discrimination claims can have major consequences for employers in the form of costly settlements and EEOC fines. This program will teach you how to prevent and address the most common employer actions that lead to discrimination claims. Eliminate discriminatory hiring and firing procedures, clear up procedural confusion when dealing with the EEOC, and learn how to avoid mistakes when conducting workplace investigations. Register today!
- Address discriminatory practices that ensnare employers when hiring and terminating employees.
- Avoid procedural errors when responding to an EEOC Charge of Discrimination.
- Conduct workplace investigations that are prompt, fair and free of bias.
- Clarify disability protections under the ADA and understand how it interacts with the FMLA.
- Draft non-discriminatory leave policies and ensure they are consistently applied.
- Obtain best practices to protect employers against claims of retaliation and harassment.
All times are shown in Eastern time
- Neglecting to Address Discriminatory Hiring Practices
11:00 - 12:00, Daniel L. Marks, Julie A. Pace and David A. Selden
- Reviewing Sources of Employee Protections: Title VII, ADA, and More
- Job Postings and Applications: Eliminating Language that Discriminates
- Sample Disclaimers to Include: EEOC, At-Will Employment, etc.
- Interview Questions Employers Should Avoid: EEOC Guidance
- Background Checks and Pre-Employment Screening: Practical and Legal Considerations
- Best Practices to Ensure a Compliant Hiring Process
- Improperly Responding to EEOC Administrative Charges
12:15 - 1:15, Daniel L. Marks, Julie A. Pace and David A. Selden
- When You Receive a Complaint: First Steps
- Complaint Process Timeline and Response Deadlines
- Responding to Requests for Information (RFI)
- Drafting an Effective, Fact-Based Position Statement
- Preserving Evidence - Documentation Tips
- Properly Communicating with the EEOC
- Pursuing Mediation: Pros and Cons
- Review of a Sample EEOC Complaint Document
- Mishandling Employee Internal Investigations
1:15 - 2:15, Daniel L. Marks, Julie A. Pace and David A. Selden
- Gathering Evidence: Interviews, Fact-Finding and Document Review
- Ensuring Fairness and Impartiality
- Actions that Can Lead to Claims of Bias in the Investigation
- Promptness: Investigation Timing Concerns
- Making Conclusions and Drafting the Final Report
- Preserving Attorney-Client Privilege
- Protecting Employee Confidentiality
- When to Seek Additional Outside Counsel
- Internal Investigation Case Study
- Misunderstanding Employee Disability Rights and Protections
2:45 - 3:45, Daniel L. Marks, Julie A. Pace and David A. Selden
- Examining the ADA, FMLA and Their Interplay
- Qualified Individuals Under the ADA
- Responding to Requests for Reasonable Accommodations
- Conducting the ADA Interactive Process
- Considering Leave as a Reasonable Accommodation
- Employer Actions that Lead to Disability Discrimination Claims
- Re-Writing Handbook Leave Policies that Discriminate
- Avoiding Inconsistent Application of Leave Policies
- Failing to Guard Against Claims of Employee Retaliation
3:45 - 4:45, Daniel L. Marks, Julie A. Pace and David A. Selden
- Common Causes of Employee Retaliation Claims
- Training Supervisors and Managers to Recognize Retaliatory Behavior
- Employee Complaint Procedures: Implementation and Administration Tips
- Harassment Policies that Protect Employers from Liability
- Instituting Legally Compliant Discipline and Termination Procedures
- Ethical Issues in Employment Law Practice
5:00 - 6:00, Daniel L. Marks, Julie A. Pace and David A. Selden
- Conflicts of Interest
- Attorneys' Fees
- Duty to Non-Clients
- Handling Highly Prejudicial Evidence
This program is for attorneys. HR professionals and accountants will also benefit.