Essential Tips for Avoiding Discrimination Claims

Ad

Ad

Ad

Ad

Ad

Ad

Ad

Ad

Ad

Ad

Ad

Ad

Utah SHRM Crossroads Conference
September 24 and 25
Davis Convention Center | Layton, Utah
PA R S O N S B E H L E . C O MN...

3
SCOPE OF THE PROBLEM
 In Utah, there was a 146% rise in the number of workplace
discrimination claims brought in the la...

4
SCOPE OF THE PROBLEM (cont’d.)
 In FY2018, EEOC’s litigation attorneys filed 41 separate
sexual harassment federal laws...

5
SCOPE OF THE PROBLEM (cont’d.)
A survey conducted in March 2018 by the Working
Mother Research Institute and the ABA Jou...

6
SCOPE OF THE PROBLEM (cont’d.)
o But importantly, only 30% reported the harassment to
the company
o The main reasons for...

7
SCOPE OF THE PROBLEM (cont’d.)
Workplace harassment can negatively impact employers in a
variety of ways, including:
 L...

8
AVOIDING CLAIMS IN THE HIRING PROCESS
 Discrimination in the hiring process happens when an employer
selects a candidat...

9
AVOIDING CLAIMS IN THE HIRING PROCESS
 The employer should develop specific education and
experience qualifications for...

10
AVOIDING CLAIMS IN THE HIRING PROCESS
 Ignore reference to one of protected classes that an
applicant may make (e.g., ...

11
AVOIDING CLAIMS IN THE HIRING PROCESS
Everyone involved in hiring process should receive
training about:
o Basics of Ti...

12
AVOIDING CLAIMS IN THE HIRING PROCESS
HYPOTHETICAL SITUATION:
Don is a 58-year-old attorney. He applies for a senior in...

13
AVOIDING CLAIMS IN THE HIRING PROCESS
HYPOTHETICAL SITUATION:
Carol applied for a warehouse job. At the interview, the ...

14
AVOIDING CLAIMS IN THE HIRING PROCESS
ADA – Employment Medical Inquiries
The ADA limits an employer's ability to make d...

15
AVOIDING CLAIMS IN THE HIRING PROCESS
Medical Inquiries – Pre-Offer
At the first stage (prior to an offer of employment...

16
AVOIDING CLAIMS IN THE HIRING PROCESS
Medical Examinations – Conditional Offer
 At the second stage (after an applican...

17
KEY TIPS FOR AVOIDING DISCRIMINATION
CLAIMS IN THE WORKPLACE
 Culture. Culture has to come from the top – dignity and
...

19
KEY TIPS FOR AVOIDING DISCRIMINATION
CLAIMS IN THE WORKPLACE
 Training of managers/supervisors. Company needs to
train...

20
KEY TIPS FOR AVOIDING DISCRIMINATION
CLAIMS IN THE WORKPLACE
 Procedures for addressing complaints. Have procedures in...

21
KEY TIPS FOR AVOIDING DISCRIMINATION
CLAIMS IN THE WORKPLACE
 Investigating complaints (cont’d)
o Seek to maintain con...

22
KEY TIPS FOR AVOIDING DISCRIMINATION
CLAIMS IN THE WORKPLACE
 Implementing appropriate remedial action
o Upon completi...

23
KEY TIPS FOR AVOIDING DISCRIMINATION
CLAIMS IN THE WORKPLACE
 Implementing appropriate remedial action (cont’d.)
o Con...

25
KEY TIPS FOR AVOIDING DISCRIMINATION
CLAIMS IN THE WORKPLACE
HYPOTHETICAL SITUATION:
You are the Director of HR for ABC...

26
KEY TIPS FOR AVOIDING DISCRIMINATION
CLAIMS IN THE WORKPLACE
HYPOTHETICAL SITUATION:
Once again, you are the Director o...

27
AVOIDING CLAIMS IN THE FIRING PROCESS
Termination of an Individual Employee
 Make sure there are legitimate reasons fo...

28
AVOIDING CLAIMS IN THE FIRING PROCESS
Delivering the Message
 Timing
 Prepare for and rehearse
 As always, have a wi...

29
AVOIDING CLAIMS IN THE FIRING PROCESS
Delivering the Message (cont’d.)
 Avoid arguments, but be open to questions or c...

30
AVOIDING CLAIMS IN THE FIRING PROCESS
Implementing a RIF
 Create a RIF Committee or put one person in charge of
overse...

31
AVOIDING CLAIMS IN THE FIRING PROCESS
Implementing a RIF (cont’d.)
 Inform managers or front-line supervisors or other...

32
AVOIDING CLAIMS IN THE FIRING PROCESS
Implementing a RIF (cont’d.)
 Review by RIF Committee (or person in charge of RI...

33
 Derek Langton
801.536.6704
dlangton@parsonsbehle.com
Thank You

Share Slideshare

LinkedIn
Facebook
Twitter

Embed

Size (px)

Show related Slideshows at end

WordPress Shortcode

Link

Share
Email

2024 Trend Updates: What Really Wor... by Search Engine Jou... 1042022 views
Storytelling For The Web: Integrate... by Chiara Aliotta 954721 views
Artificial Intelligence, Data and C... by OECD Directorate ... 880306 views
How to Leverage AI to Boost Employe... by SocialHRCamp 370586 views
2024 State of Marketing Report – by... by Marius Sescu 210442 views
Everything You Need To Know About C... by Expeed Software 229923 views

View on Slideshare

1 of 33 Ad

View on Slideshare

1 of 33 Ad