2014 Managing Labor + Employee Relations Seminar


Published on

The annual Managing Labor + Employee Relations Seminar took place on Tuesday, March 4, at 8:30 a.m. at the Fawcett Center and provided valuable information about best practices and the changing regulations that are important for employers to know.

The half-day seminar, designed for business owners and professionals in human resources and employment law, discussed the following topics: reasonable accommodation under the Americans with Disabilities Act; investigating employee claims; information on the Affordable Care Act and the options employers have; and tips on how retaliation claims can be handled and avoided.

Published in: Career
1 Like
  • Be the first to comment

No Downloads
Total Views
On Slideshare
From Embeds
Number of Embeds
Embeds 0
No embeds

No notes for slide

2014 Managing Labor + Employee Relations Seminar

  1. 1. z
  2. 2. z The Scorecard for 2013 presented by Lawrence Feheley 2014 Managing Labor + Employee Relations Seminar March 4, 2014
  3. 3. z “Persons attempting to find a motive in this narrative will be prosecuted; persons attempting to find a moral in it will be banished; persons attempting to find a plot in it will be shot.” + Mark Twain, Adventures Huckleberry Finn of
  4. 4. z 2013 Was a Good Year + Minimum + Gays Wage Employees and Lesbians in the Workplace + Facebook Complainers + Tattletales + Soldiers + Unpaid Interns
  5. 5. z 2013 Was a Good Year + Flu-Prone Employees + People Disabled by Weird Conditions + Female Wage Earners + Potheads in the Workplace + Criminals in the Workplace
  6. 6. z 2013 Was a Bad Year + Obamacare + NCAA Football + Non-Union Employers + Technology Haters + Erstwhile Independent Contractors + Employee Handbooks
  7. 7. z 2013 Had Mixed Results + The National Labor Relations Board + Supervisors + The EEOC Criminal Background Guidelines
  8. 8. z Reasonable Accommodations after the ADA Amendments What You Do + Don’t Have to Do presented by Kailee M. Goold 2014 Managing Labor + Employee Relations Seminar March 4, 2014
  9. 9. z +
  10. 10. z ADAAA Refresher Engaging the Employee Triggering the Process Choosing Accommodations Final Comments
  11. 11. z Prohibits Discrimination Failure to engage in interactive process Failure to provide reasonable accommodations Costly Liability Compensatory + punitive damages Front + back pay, reinstatement attorneys fees
  12. 12. z a record of such impairment physical or mental impairment that substantially limits a major life activity being regarded as having such an impairment Disability
  13. 13. z ADAAA significantly expanded “disability”
  14. 14. z ADAAA Game Changers Major life activities Episodic or in remission Temporary conditions Mitigating measures
  15. 15. z Major Life Activities Concentrating Caring for Oneself Breathing Eating Communicating LearningSeeing Standing Sleeping Reading Speaking Bending Performing Manual Tasks Lifting Working Thinking Walking
  16. 16. z Episodic or In Remission + Disability if active it would limit a major life activity when
  17. 17. z Temporary Conditions May be a disability if it lasts or is expected to last fewer than 6 months
  18. 18. z Mitigating Measures + You must consider how the impairment affects the person before or without the mitigating measure + (except ordinary glasses and contacts)
  19. 19. z Obesity ADHD Sensitivity to perfumes Incontinence Torn tendons Seasonal affective disorder Bladder conditions Allergies
  20. 20. z Is This Employee Disabled?
  21. 21. z Is this employee disabled? How can this employee do this job with an accommodation? Shift Your Focus
  22. 22. z +
  23. 23. z Identify when is the duty is triggered Engage with the employee Choose and maintain a reasonable accommodation
  24. 24. z employee “requests”
  25. 25. z Common Mistake Believing what you read on the internet
  26. 26. z No magic words required Can come from third parties Employee “Requests” Don’t have to ask for anything
  27. 27. z Medical Condition Workplace problem Employee “Requests”
  28. 28. z Common Mistake Trying the ostrich defense
  29. 29. z Accommodation “requests” Performance Issues Absences Your files (FMLA, WC) Employee behavior
  30. 30. z Common Mistake Failure to document, document, document
  31. 31. z “My wheelchair doesn’t fit under my desk.”
  32. 32. z “I may need more time off.” Employee at end of FMLA Leave
  33. 33. z “My wife is in the hospital. She won’t be in for awhile.” Spouse calls in
  34. 34. z “It’s been hard to show up on time since my divorce – I’m really upset.”
  35. 35. z No Link “I’ve been meaning to tell you . . .”
  36. 36. z Identify when is the duty is triggered Engage with the employee Choose and maintain a reasonable accommodation
  37. 37. The Interactive Process z Informal dialogue to figure out if you can accommodate the employee Closely scrutinized
  38. 38. z How can I help you do your job?
  39. 39. z Three Questions What are the essential functions of this job? What is the impairment? What are the specific limitations?
  40. 40. z Common Mistake Unclear essential functions Job Description Employee Agrees
  41. 41. z Three Questions What are the essential functions of this job? What is the impairment? What are the specific limitations?
  42. 42. z Common Mistake Staying dazed + confused
  43. 43. z Medical Request Employee Company Get the information you need!
  44. 44. z Nothing you can or should do
  45. 45. z Identify when is the duty is triggered Engage with the employee Choose and maintain a reasonable accommodation
  46. 46. z Accommodation = Change Make facilities accessible Restructure non-essential functions Acquire + modify equipment Modify schedules Modify policies Leave
  47. 47. z Common Mistake Excuses ≠ legal defenses
  48. 48. z NOT Reasonable: • Eliminating essential functions • Creating a job • Bumping • Indefinite leave
  49. 49. z Undue hardship (extremely rare) “significant difficulty” Health + Safety “direct threat”
  50. 50. z Common Mistake Short-term memory
  51. 51. z Common Mistake Letting the employee choose
  52. 52. z What about our leave policy? Have one and be flexible.
  53. 53. z Follow Through Proper implementation Follow up Document Rinse and repeat if needed
  54. 54. z Common Mistake Blabbing
  55. 55. z Common Mistake Not asking for help
  56. 56. z Engage and accommodate Document! Ask for help
  57. 57. z To Do List Review accommodation policy Review job descriptions Script for inquiries Train supervisors
  58. 58. z Stay Informed Kailee M. Goold kgoold@keglerbrown.com 614.462.5479 keglerbrown.com/goold @kaileemgoold linkedin.com/in/kaileemgoold
  59. 59. z Conducting a Proper Investigation presented by Jeffrey C. Miller 2014 Managing Labor + Employee Relations Seminar March 4, 2014
  60. 60. z The Basics
  61. 61. z Initial Considerations of an Investigation + Is it necessary? + Immediate + Interim + Who Measures is the investigator?
  62. 62. z Basics of Conducting an Investigation The Complainant The Alleged Harasser The Witnesses
  63. 63. z The Review
  64. 64. z Credibility Assessment Factors + Inherent + plausibility Is the testimony believable on its face? Does it make sense? + Demeanor + Did the person seem to be telling the truth or lying? + Motive + to falsify Did the person have a reason to lie? + Corroboration + Is there witness testimony or physical evidence that corroborates the party's testimony? + Past + record Did the alleged harasser have a history of similar behavior in the past?
  65. 65. z The Decision + Made by management + Recommendation + Inform + What made by investigator the parties at once if there are direct contradictions, lack of documentary or witness corroboration, and inability to make a credibility determination?
  66. 66. z The Risks + Failure to investigate will lead to claims by the victims + Negligence + Doobenen claims and other suits by the accused v. Aerojet-General Corp – Failure to interview the accused University at Albany – Failure to follow internal rules and policies + Garcia v. State - "reverse sexual harassment" Due to unprofessional, hostile and accusatory investigation + Flanagan v. Ashcroft
  67. 67. z Getting More Information
  68. 68. z Prepare, Prepare, Prepare Know all policies, guidelines, or practices that apply to the situation
  69. 69. z Establish a Comfort Level with Complainant/Witnesses + Be honest + Be professional + Introduce + Assure + You yourself and your role prevention of retaliation or reprisal will limit disclosure to those having a legitimate need to know + Ask him/her to do the same
  70. 70. z Use Open-Ended Questions
  71. 71. z Plan the Investigation, But Don’t Fall in Love with Your Questions + Some answers can require follow-up questions + Some answers can reveal other problems
  72. 72. z Don’t Accept “Yadda, yadda, yadda” + You may know the steps that lead to the conclusion, but the witness needs to say them + Can be one of the more difficult aspects of a statement + Try to avoid, but note if necessary, that “witness refuses to directly answer question.”
  73. 73. z Exhaust Narratives + Terms Actively Listen
  74. 74. z Use Physical or Documentary Evidence to Your Advantage Best for refreshing recollection or questioning credibility
  75. 75. z Take Your Time + Follow-up if necessary + Circle back to question issues of credibility + Don’t rely upon a gut feeling
  76. 76. z Document Everything + Take notes + Read all or part of notes to the witness to confirm + Ask the witness to talk slower or wait until you are done writing
  77. 77. z Potential Pitfalls + Becoming + Reaching biased toward a witness or a side a conclusion too early + Problematic questions: Will I be fired? Will the alleged wrongdoer be fired? Do I have to talk to you? + Confidential + Maintain Complaints still count Consistency regardless of stature of parties
  78. 78. z Example of a Solid Investigation in National News + Previous allegations against the employer for being incompetent + Allegations that the employer engaged in impermissible interviews + Enterprise + Still has not demonstrated a successful product managed to complete a textbook investigation
  79. 79. z Jonathan Martin + Richie Incognito
  80. 80. z Problem Cases Mendoza v. Western Medical Center Santa Ana + Jury award of $238k for failure to conduct a good faith investigation $1Million Dollars for Shoddy Investigation + Breach of contract and defamation relating to expense account abuse. Attempted whistleblower was ignored, then investigated by inexperienced and incompetent junior employee AT&T $5Million Religious Discrimination + After employee converted to Islam, she was called a terrorist, other derogatory names, and relentlessly teased. She filed internal complaints, which were not properly investigated. She was ultimately terminated.
  81. 81. z Avoid Retaliation + Remind + HR everyone of the sensitivities representatives, supervisors, and managers + Advise everyone that the company will not tolerate any form of harassment or retaliation against the complainant and anyone who participated in the investigation + Complainant, accused, all + Document interviewed that you have made the anti-retaliation statement
  82. 82. z Thank You! Jeffrey C. Miller jmiller@keglerbrown.com 216.586.6651
  83. 83. z
  84. 84. z Affordable Care Act 201 (The Sophomore Level Course) presented by Ralph Breitfeller + Tom Sigmund 2014 Managing Labor + Employee Relations Seminar March 4, 2014
  85. 85. z Issues Arising in 2014 + Problems with HealthCare.gov + Insurance policy cancellations + Too few young people signing up + (25% of 18-34 years olds) + Medicaid + Need coverage gap for a “copper plan”?
  86. 86. z Future Compliance Dates 2014 • Individual Mandate • Pre-Existing Conditions • Annual Limits • Waiting Periods 2015 • Pay-or-Play for large employers • Automatic Enrollment • Non-discrimination Test 2016 • SHOP Exchange • Pay-or-play for small employers 2017 • SHOP Increase 2018 • Cadillac Tax
  87. 87. z Delayed Small Employer Compliance + Small Employer Compliance with pay-to-play + Employers + Delayed between 50 and 99 employees from January 1, 2014 to January 1, 2016
  88. 88. z Delayed Large Employer Compliance + Pay-or-play for + Employers + Delayed + Phased large employers with 100 or more employees from January 1, 2014 to January 1, 2015 in over time + 2015 must cover 70% of full time employees + 2016 must cover 95% of full time employees
  89. 89. z + Announced by IRS on February 10, 2014. Found at 79 Fed. Reg. 8544 (2-12-14) + First delay was announced on July 9, 2013, which delayed compliance from January 1, 2014 to January 1, 2015. (IRS Notice 2013-45)
  90. 90. z Limited Work Force (>49 FTEs <100) Transition Relief + During the period February 9, 2014 to December 31, 2014, the employer does not reduce the size of the workforce or the overall hours of service in order to satisfy this workforce condition. + Employer cannot eliminate or materially reduce previously offered health coverage—meaning:
  91. 91. z Maintain Coverage Means: + Employer continues to offer each employee who is eligible for coverage during the coverage maintenance period an employer contribution toward the cost of employee-only coverage that either: + is at least 95 percent of the dollar amount of the contribution toward such coverage that the employer was offering on February 9, 2014, or + is the same (or a higher) percentage of the cost of coverage that the employer was offering to contribute toward coverage on February 9, 2014;
  92. 92. z Maintain Coverage Means: + In the event there is a change in benefits under the employee-only coverage offered, that coverage provides minimum value after the change; and + The employer does not alter the terms of its group health plans to narrow or reduce the class or classes of employees (or the employees’ dependents) to whom coverage under those plans was offered on February 9, 2014.
  93. 93. z Certify Eligibility for Transition Relief + The employer must certify that the employer satisfies the three requirements for transition relief. + __________________________ + ALSO, for non-calendar plan years, relief is available for plan year beginning in 2015 and for the months that such plan year extends into 2016 + HOWEVER, employer February 9, 2014. may not alter the plan year after
  94. 94. z “Relief” + No penalty under Section 4980H(a) (not offering minimum essential coverage) or Section 4980H(b) (failing to offer coverage that is affordable and offers at least minimum value). + In other words, no penalty for not offering coverage and no penalty for not offering adequate coverage.
  95. 95. z Limited Transition Relief + For employers with 100 or more FTEs + An employer is deemed to have offered coverage if it is offered to all but five percent (or five employees if five employees is more than 5%) of the full-time employees + For each calendar month during 2015 and any calendar months during the 2015 plan year that fall in 2016, an applicable large employer member that offers coverage to at least 70 percent (or that fails to offer to no more than 30 percent) of its full-time employees
  96. 96. z “Relief” + Under limited transition relief, the qualifying employer is not subject to a penalty for failing to offer minimum essential coverage. [4980H(a)]. + HOWEVER, still subject to a penalty for failing to offer affordable, minimum value coverage. [4980H(b)].
  97. 97. z Offer of Coverage: MEWAs + Multiple Employer Welfare Arrangements + An offer of coverage includes an offer of coverage made on behalf of an employer + This includes an offer made by a multiemployer or single employer Taft-Hartley plan or a MEWA to an employee on behalf of a contributing employer of that employee
  98. 98. z Offer of Coverage: Staffing Firms + If the staffing company is not the common law employer of the employee, + Then “an offer of coverage [made by the staffing firm] is treated as made on behalf of a client employer only if the fee the client employer would pay to the staffing firm for an employee enrolled in health coverage under the plan is higher than the fee the client employer would pay to the staffing firm for the same employee if the employee did not enroll in health coverage under the plan.” 79 Fed. Reg. at 8566.
  99. 99. z Multiple Employers Penalty Assessment + Each employer member is liable for its own penalty + Each member is judged on whether the individual member has offered coverage to the requisite number of full time employees + In other words, cannot aggregate all members and take the average for the group
  100. 100. z Period for Determining Status + Did employer employ an average of at least 50 FTEs on business days during any consecutive six month period in 2014? + Six month + 79 period to be chosen by employer Fed. Reg. at 8573
  101. 101. z Offer Coverage + Large employer required to offer coverage to all full time employees and dependents (however, see transition relief) + Affordable + Minimum Value
  102. 102. z Employee Classification Issues + Common law employee + Does not include: leased employee; sole proprietor; partner; 2% shareholder of S Corp + What if employer treats service provider as an independent contractor and the service provider is reclassified as an employee, and this results in the employer failing to offer coverage to all full time employees? + IRS and Treasury say, “that is too bad, Employer, you may be liable under 4980H”
  103. 103. z Employee Classification Issues Section 3508 Employees + 3508 employees are real estate agents and direct sales agents + They are + They do + Their not employees for 4980H purposes not have to be offered coverage hours of service are not included when calculating an employer’s FTEs
  104. 104. z Must Offer Coverage + If employer fails to offer coverage to a full-time employee for any day during a calendar month, then employee was not offered coverage during that calendar month + Commenters said that often coverage begins on the first day of the first pay period of the plan year
  105. 105. z Response + Solely for January 2015, if employer offers coverage to a full time employee no later than the first day of the first pay period that begins in 2015, the employer will be deemed to have offered coverage for January 2015. 79 Fed. Reg. at 8573
  106. 106. z Dependents + Dependent means child of employee, not spouse. + Final regulations exclude foster children and stepchildren for penalty purposes only. + Includes 1. 2. 3. children who: Are U.S. Citizens; Are residents of the U.S.; OR, Are residents of a country contiguous to the U.S.
  107. 107. z Transition Relief Regarding Dependents + If employer takes steps in 2015 toward satisfying this requirement, no penalty for: 1. 2. 3. Not offering dependent coverage; Not offering dependent coverage that satisfies the minimum essential coverage standard; or, dependent coverage is offered to some but not all.
  108. 108. z When Transition Relief Not Available + This dependent transition relief is not available to the extent that the employer offered dependent coverage during either plan year 2013 or plan year 2014. + In other words, employer cannot use the transition relief rules to offer less dependent coverage than the employer has previously provided.
  109. 109. z Still Applicable 1. Minimum essential coverage requirements 2. Minimum Value 3. Affordability 4. Waiting period no longer than 90 days 5. Method for determining number of employees is unchanged
  110. 110. z Self Insurance: A Few Thoughts
  111. 111. z Not Subject To 1. ACA Essential benefits requirements 2. ACA Minimum loss ratio requirements 3. ACA Requirement to justify premium increase 4. ACA Excise tax
  112. 112. z Still Subject To + ACA regulations regarding limitations on annual and lifetime benefits + ACA regulations regarding appeal rights
  113. 113. z Any plan that provides accidental health coverage if “any portion of such coverage is provided other than through an insurance policy.” Under this definition, a self-insured health and welfare benefit plan does not have to self-insure all of the benefits it covers.
  114. 114. z + A self-insured plan can have stop loss coverage and still be considered self-insured.
  115. 115. z + Section 105(h) of the tax code prohibits self-insured health plans from discriminating in favor of highly compensated individuals. + This may be violated if the plan is designed to encourage low income employees to choose to go to the health insurance exchange.
  116. 116. z Automatic Enrollment for Employees of Large Employers + Amends the Fair Labor Standards Act + Generally provides that an employer that has more than 200 full-time employees and offers employees enrollment in one or more health plans shall automatically enroll new full-time employees in one of the plans offered
  117. 117. z Notification of Material Modifications + Material modifications of the terms and coverage of a plan that are not disclosed in a summary plan description must be disclosed at least 60 days in advance before the effective date of the modification
  118. 118. z Discrimination + Prohibition of discrimination based on pre-existing condition or other discrimination. + Discrimination based on health status. Because self-insured plans are “group health plans,” they therefore may not have eligibility criteria based on the following factors: Health status + Medical conditions (either physical or mental) + Claims experience + Receipt of health care + Medical history + Genetic information + Evidence of insurability (including domestic violence) + Disability + “Any other health status-related factor.” +
  119. 119. z Thank You! Ralph Breitfeller rbreitfeller@keglerbrown.com 614.462.5427 Tom Sigmund tsigmund@keglerbrown.com 614.462.5462
  120. 120. z Why You Always Picking On Me? Retaliation Update presented by Brendan Feheley 2014 Managing Labor + Employee Relations Seminar March 4, 2014
  121. 121. z Much ado about nothing… + I’ve heard it all before… +I already know not to retaliate against employees…, everyone knows that… no one does this anymore. + Not so fast my friend… + 2013- EEOC reports 38,539 charges of retaliation + 41% of all charges filed + Most of any charge for FIFTH YEAR IN A ROW
  122. 122. z So How Does This Happen? + Often + times inadvertent Manager not thinking how this looks objectively + Human + Especially when initial complaint is untrue + Lack + Nature of communication Supervisor may not know full extent of complaint
  123. 123. z Decision Time + You offered Sally the chance to transfer, she declined. + Harry can’t be transferred because this is the only area he knows, and you don’t want to fire him. + Thus, the + But two are still working together. you’ve told Harry he can’t retaliate against Sally and he has said he understands.
  124. 124. z The HR Quandary
  125. 125. z “An eye for an eye makes the whole world blind.” Mahatma Gandhi What you HOPE Harry’s Thinking
  126. 126. z “Don’t get mad, get even. ” Robert F. Kennedy What Harry’s REALLY thinking
  127. 127. z “Revenge converts a little right into a great wrong.” German Proverb What Harry SHOULD be thinking
  128. 128. z The Saga Continues + Three weeks later Harry comes to you saying Sally needs fired. + He’s heard you constantly harp on the importance of writing things down, and even remembers something about a hot stove (but that never seemed to make sense to him). + This isn’t his first rodeo either, so he’s prepared. He brings you a file ½ an inch thick of problems he’s had with Sally. ALL of them in the last three weeks.
  129. 129. z The Problems Relate To Sally’s Attendance Sally’s Motivation Sally’s Performance Output
  130. 130. z Now What? + Problem??? + What if you hadn’t fired Sally?
  131. 131. z Proving a Retaliation Claim + McDonnell + Plaintiff 1. 2. 3. 4. Douglass has to show 4 things he engaged in activity protected by Title VII; this exercise of protected rights was known to the defendant; the defendant thereafter took adverse employment action against the plaintiff; and there was a causal connection between the protected activity and the adverse employment action.
  132. 132. z The Proof is in the Pudding + If Plaintiff can show these 4 things then Defendant has to show legitimate, nondiscriminatory reason for action + How do you do this??? + Documentation + If is key Defendant does this then burden shifts back to Plaintiff to show “that the proffered reason was not the true reason for the employment decision.”
  133. 133. z Breaking Down the Prima Facie Case
  134. 134. z What is Protected Activity? + Opposing a practice made unlawful by one of the employment discrimination statutes + Filing a charge, testifying, assisting, or participating in any manner in an investigation, proceeding, or hearing under the applicable statute
  135. 135. z What is Opposing a Practice? + Threatening to file a claim or charge + Complaining to anyone about an act that would be prohibited by law (usually Title VII but can be NLRA OSHA or others) + Can be to co-workers, public, attorney etc… (according to EEOC) + Refusing + Can + to obey an order (if believe it discriminatory) be explicit or implicit Need not say “discriminates against … (if can be inferred)
  136. 136. z Critical Points + Opposition must be reasonable + No threats of violence + No distributing confidential documents + No badgering co-workers + Opposition need not be correct + Reasonable good faith belief enough + Opposition of action against co-worker can protect complainer and co-worker + Relatives can count
  137. 137. z Participation + Pretty simple: met if individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, hearing, or litigation. + Tips to remember + Doesn’t matter if claims were valid or not + Doesn’t matter if charge was timely or not + Spouses, relatives, fiancés count
  138. 138. z You can only know what you know, unless you don’t + Protected activity had to be known by Defendant.
  139. 139. z Adverse Action + Same as everything + Maybe… Maybe not. else right? + Burlington: + Title VII retaliation provision is not limited to actions by employers that affect the terms, conditions or status of employment or even those acts that occur at the workplace. + Instead, covers those employer actions that would serve to dissuade a reasonable employee from bringing a charge of discrimination. + strongly suggests that it is for a jury to decide whether anything more than the most petty and trivial actions against an employee should be considered 'materially adverse'
  140. 140. z Post-Burlington + A fork in the road + Courts: Action must be “materially adverse” generally meaning has to cause impact or harm Demotions and negative changes in job responsibilities + Lateral transfers + Written reprimand + Schedule Change +
  141. 141. z Post-Burlington + EEOC + Court decisions are too restrictive + Surveillance can be adverse + Not inviting to weekly lunch can be adverse + Cancelling symposium in employee’s honor + Threats + Instigation of claims against employee + Be careful about post-termination actions + Failure to rehire + Negative recommendation.
  142. 142. z Proof of Causal Connection + Direct Evidence + Rarely happens + Better + Indirect not happen to you Evidence + Demonstrated by evidence that: + (1) the adverse action occurred shortly after the protected activity, and + (2) the person who undertook the adverse action was aware of the complainant's protected activity before taking the action.
  143. 143. z Time is on my side… yes it is + Typically when more than a month passes you’re beyond “short time after.” + However, connection can still be proved if other evidence exists: + Constant mention of charge or complaint. + Repeated slights or insults to employee between complaint and action
  144. 144. z Remember Pretext + Employee has to prove retaliation is but-for cause of action + Motivating + Key, like factor not enough in any discrimination claim, how did you treat other employees and what did you write down.
  145. 145. z Consistent + Contemporaneous Documentation is Key + If + If discipline is heightened after activity… problem is significantly different than similarly situated employees receive after activity… problem.
  146. 146. z Revisiting Harry + Sally + What did Harry do wrong? + What if Sally’s behavior changes because unhappy with results? + Documentation again key… Document what was going on before and what is going on now. + Objective is better than subjective. + Remember claim of discrimination doesn’t permit employee to stop doing job. Just makes you work harder.
  147. 147. z Tips + Remember + Relatives + Don’t going to EEOC first is your friend + Give + Don’t count, spouses count, fiancés count count on adverse action to save you + You’re + Time protected activity is broader than you may think a man a rope… he’ll learn to hang himself let supervisor off the hook + Failure after to document before may be fatal to ability to take action
  148. 148. z Thank You! Brendan Feheley bfeheley@keglerbrown.com 614.462.5482
  149. 149. z
  1. A particular slide catching your eye?

    Clipping is a handy way to collect important slides you want to go back to later.