#unplug? Legal and Ethical Challenges in Employment in an Online WorldBoyarMiller
A presentation on the legal and ethical considerations in the employment life cycle from pre-employment through post-termination. Screening applicants, monitoring policies, remote work considerations, and access to social media during and post-employment can create ethical questions and legal ramifications for every company.
This seminar, held in August 2014, discussing the pre, during and post stages of workplace investigations, including ways the union can assist a member during the investigative process, how to request and respond to findings, and how to use EBAs to structure investigations.
#unplug? Legal and Ethical Challenges in Employment in an Online WorldBoyarMiller
A presentation on the legal and ethical considerations in the employment life cycle from pre-employment through post-termination. Screening applicants, monitoring policies, remote work considerations, and access to social media during and post-employment can create ethical questions and legal ramifications for every company.
This seminar, held in August 2014, discussing the pre, during and post stages of workplace investigations, including ways the union can assist a member during the investigative process, how to request and respond to findings, and how to use EBAs to structure investigations.
DBL Law Partners Bob Hoffer and Kelly Schoening train corporate managers in the basics of employment law. The goal of the training is to help new managers (a) recognize state and federal laws regarding employee issues, (b) spot potential issues before they occur, and (c) promote and maintain a comfortable and productive work environment.
Company Policy: Elements of Administrative Investigation and Progressive Disc...PoL Sangalang
Company Policy: Elements of Administrative Investigation and Progressive Discipline. July 24, 2014. Philippines. Prepared and delivered by Atty. Apollo X.C.S. Sangalang.
Sexual Harassment and Retaliation in the Workplace in the Wake of #metoo and ...Case IQ
Allegations of sexual impropriety have been bubbling up in Hollywood, the media, sports and politics over the past months, exposing a deep-rooted and pervasive culture of harassment and discrimination in workplaces all over North America. Both women and men are becoming more empowered to speak up, fueled by the #metoo and #TimesUp movements and the attention the issue of sexual harassment and abuse of power is getting.
But coming forward has its risks. Victims still lose their jobs at much higher rates than do their abusers: 89% compared to 18%, according to a study by the Workplace Bullying Institute.
It’s critical for employers and managers to understand the importance of responding appropriately to complaints of sexual harassment and abuse of power and avoidance of retaliation.
Join Virginia MacSuibhne, speaker, author and Chief Compliance Officer at Roche Molecular Solutions, as she outlines best practices for responding to allegations of sexual harassment and abuse of power in the workplace.
Human Resources & Employment Law 2015 - HRD Strategies - Michael Lovett, Nina...HRDstrategies
Michael Lovett and Nina Lovett of HRD Strategies, Inc. in Greensboro, North Carolina, provide an update on HR employment law at the 2015 North Carolina Literacy Association (NCLA) Conference. This presentation was part of the Executive Track
Gain a new perspective on your HR challenges and knowledge for meeting them confidentially and legally. Keeping up with the latest legal trends, changes in best practices, legal updates is a tough job . . . even for a seasoned HR professional.
In this presentation, you will gain an understanding of:
- What to consider before hiring an employee to ensure your process is legal and consistent
- Best practices for onboarding a new hire during the employee orientation
- Practical, legal and security issues for managing employee personnel records
- Key issues such as background checks, disciplinary action, documentation and at-will employment
- Latest trends, news and updates around employment law today
- What employees are looking for from employers
- Reference materials of federal employment laws
Visit www.hrdstrategies.com to learn more.
Ethics for Human Resource ProfessionalsPaul Falcone
Establishing and reinforcing a company’s ethical culture and values always represents a challenge. But you need to understand historically how we got where we are in order to appreciate the rich fabric that makes up today’s complex workplace. From ethics theory to U.S. employment law history, from Sarbanes-Oxley to corporate governance standards, this PowerPoint presentation whisks you from the 1930s through to the first decade of the new millennium with an insightful overview of the laws that influence today’s business decisions. We’ll cover the real nature of employment-at-will, the rise of labor unions and their historical appeal to workers, the difference between progressive discipline and “summary offenses,” and “you make the call” workplace ethical scenarios that are sure to raise debate among your staffers. Finally, we’ll touch on ethical considerations in an international context, the environmental justice movement, and even pay trends in executive compensation. Turn to this guide for an on-the-mark overview of our labor history, employment laws, and our evolving workplace. (72 slides)
Presentation developed by author Paul Falcone - www.paulfalconehr.com.
Top 15 Employment Law Trends to Watch for in 2015XpertHR USA
In 2015, employers will face a number of workplace challenges when it comes to managing, monitoring and maintaining their workforce. From providing paid sick leave and equal opportunity under state and municipal laws to extending equal rights and benefits to same-sex partners and accommodating pregnant women, complying with these new obligations may require you to change the way you operate your business. These issues are not only scary, but can be costly for employers in terms of time, money and resources.
Here are the top 15 employment law Issues employers cannot afford to ignore in 2015:
1. Off-Duty Use of Medical and Recreational Marijuana
2. Paid Sick Leave
3. Affordable Care Act Employer Mandate
4. Immigration
5. Protecting Company and Employee Privacy in the Digital Age
6. Safe Driving Laws
7. E-Cigarette Use in the Workplace
8. Reasonably Accommodating Pregnant Women
9. Wellness Programs Conflicting with ADA, GINA, and FMLA
10. Growing Acceptance of LGBT Rights and Same-Sex Marriage
11. Workplace Bullying
12. Addressing Domestic Violence
13. Minimum Wage and Wage and Hour Laws
14. Providing Workplace Protections to Interns and Volunteers
15. Ban the Box
· Welcome to Week 4This week will cover material about Backgroun.docxodiliagilby
· Welcome to Week 4
This week will cover material about Background Checks.
In this lesson, we will discuss:
· What are communication strategies that can be used to communicate the regulatory changes to hiring leaders within an organization?
· Background Checks
· Education History
· Employment History
· Financial History
· Medical History
· Criminal History
· Social Media History
· Driving History
· Recordkeeping and Maintenance
Course Learning Objectives:
By the end of this lesson, you will be able to:
· Apply theory and concept to real world of HR policy and situations in the workplace
· Examine employee relations and discuss laws and policies related to employment opportunities, allegations of discrimination, employment practices, diversity, and affirmative action programs
· LESSON
Background Checks
LESSON TOPICS
· Background Checks
· Education History
· Employment History
· Financial History
· Medical History
· Criminal History
· Ban the Box
· Social Media History
· Driving History
· Background Check Summary
· Additional Resources on Background Checks
· Recordkeeping and Maintenance
· Communicating Policy
INTRODUCTION
This lesson will focus on two main areas. The first will be on background checks and the second will be on communicating policy changes to hiring managers within an organization. Although the two topics may seem unrelated, we will explore how they are connected. Anytime a policy is added, changed, or updated, the appropriate personnel must be informed. Communicating the new information in an effective way can be just as important as the policy itself.
Background Checks
Before we jump into our discussion on employment background checks, we need to understand what it means. Essentially, it means to verify or authenticate the information provided by an applicant or employee. This could include checking the information provided on an application, in a resume, or from an interview. The employer wants to ensure the employee or candidate has the background and experience they are claiming.
If it is determined that an applicant was untruthful about their experience, credentials, education, qualifications and so forth, then the employer can release, or fire that person provided the person signed or attested to the truthfulness of the information.
Information an employer might want to gather about an applicant could include some or all of the following; education history, work history, financial history, medical history with some exceptions), criminal history, and their use of social media. It is not against the law for an employer to ask questions about the applicant or employees background or to require a background check.
There are many reasons an employer would want to conduct a background check. The most common reason is to avoid negligent hiring. If an employee kills or injures someone, the company could be held liable. Some positions require it by law such as those that work with children, elderly, or the disabled. Recen ...
DBL Law Partners Bob Hoffer and Kelly Schoening train corporate managers in the basics of employment law. The goal of the training is to help new managers (a) recognize state and federal laws regarding employee issues, (b) spot potential issues before they occur, and (c) promote and maintain a comfortable and productive work environment.
Company Policy: Elements of Administrative Investigation and Progressive Disc...PoL Sangalang
Company Policy: Elements of Administrative Investigation and Progressive Discipline. July 24, 2014. Philippines. Prepared and delivered by Atty. Apollo X.C.S. Sangalang.
Sexual Harassment and Retaliation in the Workplace in the Wake of #metoo and ...Case IQ
Allegations of sexual impropriety have been bubbling up in Hollywood, the media, sports and politics over the past months, exposing a deep-rooted and pervasive culture of harassment and discrimination in workplaces all over North America. Both women and men are becoming more empowered to speak up, fueled by the #metoo and #TimesUp movements and the attention the issue of sexual harassment and abuse of power is getting.
But coming forward has its risks. Victims still lose their jobs at much higher rates than do their abusers: 89% compared to 18%, according to a study by the Workplace Bullying Institute.
It’s critical for employers and managers to understand the importance of responding appropriately to complaints of sexual harassment and abuse of power and avoidance of retaliation.
Join Virginia MacSuibhne, speaker, author and Chief Compliance Officer at Roche Molecular Solutions, as she outlines best practices for responding to allegations of sexual harassment and abuse of power in the workplace.
Human Resources & Employment Law 2015 - HRD Strategies - Michael Lovett, Nina...HRDstrategies
Michael Lovett and Nina Lovett of HRD Strategies, Inc. in Greensboro, North Carolina, provide an update on HR employment law at the 2015 North Carolina Literacy Association (NCLA) Conference. This presentation was part of the Executive Track
Gain a new perspective on your HR challenges and knowledge for meeting them confidentially and legally. Keeping up with the latest legal trends, changes in best practices, legal updates is a tough job . . . even for a seasoned HR professional.
In this presentation, you will gain an understanding of:
- What to consider before hiring an employee to ensure your process is legal and consistent
- Best practices for onboarding a new hire during the employee orientation
- Practical, legal and security issues for managing employee personnel records
- Key issues such as background checks, disciplinary action, documentation and at-will employment
- Latest trends, news and updates around employment law today
- What employees are looking for from employers
- Reference materials of federal employment laws
Visit www.hrdstrategies.com to learn more.
Ethics for Human Resource ProfessionalsPaul Falcone
Establishing and reinforcing a company’s ethical culture and values always represents a challenge. But you need to understand historically how we got where we are in order to appreciate the rich fabric that makes up today’s complex workplace. From ethics theory to U.S. employment law history, from Sarbanes-Oxley to corporate governance standards, this PowerPoint presentation whisks you from the 1930s through to the first decade of the new millennium with an insightful overview of the laws that influence today’s business decisions. We’ll cover the real nature of employment-at-will, the rise of labor unions and their historical appeal to workers, the difference between progressive discipline and “summary offenses,” and “you make the call” workplace ethical scenarios that are sure to raise debate among your staffers. Finally, we’ll touch on ethical considerations in an international context, the environmental justice movement, and even pay trends in executive compensation. Turn to this guide for an on-the-mark overview of our labor history, employment laws, and our evolving workplace. (72 slides)
Presentation developed by author Paul Falcone - www.paulfalconehr.com.
Top 15 Employment Law Trends to Watch for in 2015XpertHR USA
In 2015, employers will face a number of workplace challenges when it comes to managing, monitoring and maintaining their workforce. From providing paid sick leave and equal opportunity under state and municipal laws to extending equal rights and benefits to same-sex partners and accommodating pregnant women, complying with these new obligations may require you to change the way you operate your business. These issues are not only scary, but can be costly for employers in terms of time, money and resources.
Here are the top 15 employment law Issues employers cannot afford to ignore in 2015:
1. Off-Duty Use of Medical and Recreational Marijuana
2. Paid Sick Leave
3. Affordable Care Act Employer Mandate
4. Immigration
5. Protecting Company and Employee Privacy in the Digital Age
6. Safe Driving Laws
7. E-Cigarette Use in the Workplace
8. Reasonably Accommodating Pregnant Women
9. Wellness Programs Conflicting with ADA, GINA, and FMLA
10. Growing Acceptance of LGBT Rights and Same-Sex Marriage
11. Workplace Bullying
12. Addressing Domestic Violence
13. Minimum Wage and Wage and Hour Laws
14. Providing Workplace Protections to Interns and Volunteers
15. Ban the Box
· Welcome to Week 4This week will cover material about Backgroun.docxodiliagilby
· Welcome to Week 4
This week will cover material about Background Checks.
In this lesson, we will discuss:
· What are communication strategies that can be used to communicate the regulatory changes to hiring leaders within an organization?
· Background Checks
· Education History
· Employment History
· Financial History
· Medical History
· Criminal History
· Social Media History
· Driving History
· Recordkeeping and Maintenance
Course Learning Objectives:
By the end of this lesson, you will be able to:
· Apply theory and concept to real world of HR policy and situations in the workplace
· Examine employee relations and discuss laws and policies related to employment opportunities, allegations of discrimination, employment practices, diversity, and affirmative action programs
· LESSON
Background Checks
LESSON TOPICS
· Background Checks
· Education History
· Employment History
· Financial History
· Medical History
· Criminal History
· Ban the Box
· Social Media History
· Driving History
· Background Check Summary
· Additional Resources on Background Checks
· Recordkeeping and Maintenance
· Communicating Policy
INTRODUCTION
This lesson will focus on two main areas. The first will be on background checks and the second will be on communicating policy changes to hiring managers within an organization. Although the two topics may seem unrelated, we will explore how they are connected. Anytime a policy is added, changed, or updated, the appropriate personnel must be informed. Communicating the new information in an effective way can be just as important as the policy itself.
Background Checks
Before we jump into our discussion on employment background checks, we need to understand what it means. Essentially, it means to verify or authenticate the information provided by an applicant or employee. This could include checking the information provided on an application, in a resume, or from an interview. The employer wants to ensure the employee or candidate has the background and experience they are claiming.
If it is determined that an applicant was untruthful about their experience, credentials, education, qualifications and so forth, then the employer can release, or fire that person provided the person signed or attested to the truthfulness of the information.
Information an employer might want to gather about an applicant could include some or all of the following; education history, work history, financial history, medical history with some exceptions), criminal history, and their use of social media. It is not against the law for an employer to ask questions about the applicant or employees background or to require a background check.
There are many reasons an employer would want to conduct a background check. The most common reason is to avoid negligent hiring. If an employee kills or injures someone, the company could be held liable. Some positions require it by law such as those that work with children, elderly, or the disabled. Recen ...
Welcome to the Team! Recruiting and Hiring, Including Restrictive Covenants (...Financial Poise
To view the accompanying webinar, go to: https://www.financialpoise.com/financialpoisewebinars/view-webinar/?id=261915068&slides=8FFUUS9Gyz9IpR
You only get one chance to make a first impression, so you want to make sure you’re your company avoids unnecessary missteps when recruiting and hiring employees. Understanding what you can and cannot say during interviews and how to respond when a candidate volunteers information that may be considered “off limits” is essential. At the same time, there are a host of laws being passed throughout the country that address when and what sort of information you can request from applicants regarding their criminal and financial histories. In the event you decide to protect your organization by requiring certain employees to sign some type of restrictive covenants—non-competition, non-solicitation and/or non-disclosure—there are a host of legal and practical issues to consider. This webinar explores these and other issues so that you can be confident, going forward, that you are starting off on the right foot—legally, at least—when you hire new employees.
Is that seemingly qualified, trustworthy individual you want to hire really safe to hire? Can you really know for sure? Companies use background checks to inform and improve the quality of their hiring decisions. However, many are unsure exactly how to evaluate the results of a background check report, especially how to handle a “negative” background check.
Welcome to the Team! Recruiting and Hiring, Including Restrictive CovenantsFinancial Poise
You only get one chance to make a first impression, so you want to make sure your company avoids unnecessary missteps when recruiting and hiring employees. Understanding what you can and cannot say during interviews and how to respond when a candidate volunteers information that may be considered “off limits” is essential. At the same time, there are a host of laws being passed throughout the country that address when and what sort of information you can request from applicants regarding their criminal and financial histories. In the event you decide to protect your organization by requiring certain employees to sign some type of restrictive covenants—non-competition, non-solicitation and/or non-disclosure—there are a host of legal and practical issues to consider. This webinar explores these and other issues so that you can be confident, going forward, that you are starting off on the right foot—legally, at least—when you hire new employees.
Part of the webinar series: PROTECTING YOUR EMPLOYEE ASSETS: THE LIFE CYCLE OF THE EMPLOYMENT RELATIONSHIP 2022
See more at https://www.financialpoise.com/webinars/
Recruiting and Hiring, Including Restrictive Covenants (Series: Protecting Yo...Financial Poise
You only get one chance to make a first impression, so you want to make sure your company avoids unnecessary missteps when recruiting and hiring employees. Understanding what you can and cannot say during interviews and how to respond when a candidate volunteers information that may be considered “off limits” is essential. At the same time, there are a host of laws being passed throughout the country that address when and what sort of information you can request from applicants regarding their criminal and financial histories. In the event you decide to protect your organization by requiring certain employees to sign some type of restrictive covenants—non-competition, non-solicitation and/or non-disclosure—there are a host of legal and practical issues to consider. This webinar explores these and other issues so that you can be confident, going forward, that you are starting off on the right foot—legally, at least—when you hire new employees.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/recruiting-and-hiring-including-restrictive-covenants-2021/
Welcome to the Team! Recruiting and Hiring, Including Restrictive Covenants (...Financial Poise
You only get one chance to make a first impression, so you want to make sure your company avoids unnecessary missteps when recruiting and hiring employees. Understanding what you can and cannot say during interviews and how to respond when a candidate volunteers information that may be considered “off limits” is essential. At the same time, there are a host of laws being passed throughout the country that address when and what sort of information you can request from applicants regarding their criminal and financial histories. In the event you decide to protect your organization by requiring certain employees to sign some type of restrictive covenants—non-competition, non-solicitation and/or non-disclosure—there are a host of legal and practical issues to consider. This webinar explores these and other issues so that you can be confident, going forward, that you are starting off on the right foot—legally, at least—when you hire new employees.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/recruiting-and-hiring-including-restrictive-covenants-2020/
Chapter 3Risk Management in EmploymentEmployment Re.docxketurahhazelhurst
Chapter 3:
Risk Management in Employment
Employment Relationship carries Risk
• Risk to an organization is not limited to
provider-patient relationships
• As in any business, the healthcare organization
has responsibilities to its employees. Many of
which, if not properly implemented/enforced,
can lead to negative and litigious results
Employment-at-Will
• An employer may dismiss an employee
hired for an indefinite period of time for
any reason or no reason at all without
incurring liability to the employee
• Caveat: cannot discharge for an unlawful
reason, such as racial discrimination
Implicit Employment Contracts
• Though most states follow the employment-at-
will doctrine, many organizations may
unknowingly negate their ability to apply this
principle through
– Employer policies (i.e. progressive disciplinary policy)
– Oral assurances (i.e. looks like you have a bright
future ahead of you here)
– Industry customs (i.e. after so many years in one
position, employees are promoted to the next level)
– Employer conduct (i.e. allowing some employees
more chances to correct errors than others)
Burden of Proof
• In civil litigation of discrimination, the burden of
proof is usually on the plaintiff -they must show:
• Membership in a protected group
• Satisfactory job performance or appropriate
qualifications for the job being sought
• Receipt of discipline, termination or rejection
despite having the qualifications
• Employees of another protected class were
disciplined less severely or the employer continued
to accept application of people who were no better
qualified
Sexual Harassment
• Unwelcome sexual advances, request for
sexual favors or other verbal or physical
conduct of a sexual nature when it is one of
the following:
• is a condition of employment
• is the basis of employment decisions
• interferes with work performance
• creates a hostile work environment
Minimizing Risk of Sexual Harassment
• Organization must exercise reasonable care to
prevent and correct any sexually harassing
behavior
– Written policies/procedures
– Documented staff training on policies/procedures
– Consistently adhere to and enforce policies
– Immediately investigate allegations of sexual
harassment
Responsibility of the Employee
• Employee must report occurrences of sexual
harassment to employer
– Employer must be given the opportunity to investigate
and take corrective action
• Though it is important that an employer investigate
all reports of sexual harassment, proactively
addressing situations or behavior that may be
perceived as sexual harassment is imperative.
– If management is aware of a potential situation and does
nothing, the risk of litigation and penalty is increased
People with HIV or AIDS
are protected by the ADA
Persons with HIV disease, both
symptomatic and asymptomatic, have
physical impairments that substantially
limit one or more major li ...
This is one of two culminating projects I worked on for my Human Resources internship with Chattanooga City Hall. The purpose of this project was to create singularity in the hiring process used across City managers by outlining recruiting best practices from job requisition requests to the job offer.
This project was presented to the HR department and hiring managers within various City departments.
Presentation Time: 2 hours
This ppt will help you understand the selection meaning, features and process in an easy way and with real corporate examples. Do Like, share and follow. Thank you
Unemployment Insurance is the only employer tax that can be controlled. Successful UI cost control efforts begins with professional claims administration.
Discover first-hand from a former UI Deputy exactly the thought process a State Agency considers when issuing entitlement decisions. Learn how your efforts can help prevail in UI decisions at both the initial claims and appeals stage.
Join G&A Partners and Jeffrey Martin, a former UI Deputy and UI Specialist for the "Controlling Unemployment Insurance (UI) Costs can be Painless" webinar.
Similar to Essential Tips for Avoiding Discrimination Claims (20)
Introducing New Government Regulation on Toll Road.pdfAHRP Law Firm
For nearly two decades, Government Regulation Number 15 of 2005 on Toll Roads ("GR No. 15/2005") has served as the cornerstone of toll road legislation. However, with the emergence of various new developments and legal requirements, the Government has enacted Government Regulation Number 23 of 2024 on Toll Roads to replace GR No. 15/2005. This new regulation introduces several provisions impacting toll business entities and toll road users. Find out more out insights about this topic in our Legal Brief publication.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
DNA Testing in Civil and Criminal Matters.pptxpatrons legal
Get insights into DNA testing and its application in civil and criminal matters. Find out how it contributes to fair and accurate legal proceedings. For more information: https://www.patronslegal.com/criminal-litigation.html
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
VIETNAM - DIRECT POWER PURCHASE AGREEMENTS (DPPA) - Latest development - What...
Essential Tips for Avoiding Discrimination Claims
1. 7th Annual Idaho Employment Law Seminar
O C TO B E R 1 0 , 2 0 1 9 | B O I S E C E N T RE E A S T | B O I S E , I D A H O
PA R S O N S B E H L E . C O MN AT I O N A L E X P E R T I S E . R E G I O N A L L AW F I R M .
Essential Tips for Avoiding
Discrimination Claims
Derek Langton
801.536.6704 | mhart@parsonsbehle.com
3. 3
SCOPE OF THE PROBLEM
• With respect to sexual harassment charges filed with the EEOC
nationwide, there was a 12% increase from FY2017 to FY2018, which
was the first increase in such charges in five years
• Similarly, the Idaho Human Rights Commission saw a noticeable
increase in sexual harassment complaints following the advent of the
#MeToo movement in October 2017
◦ “There has been a consistent uptick in sexual harassment
allegations since October – marking a noticeable difference
compared with other years when numbers remain stable
throughout the year,” said Benjamin Earwicker, director of the
commission
4. 4
SCOPE OF THE PROBLEM (cont’d.)
• In FY2018, EEOC’s litigation attorneys filed 41 separate
sexual harassment federal lawsuits, which was more than a
50% increase from the previous year
• Reasonable cause findings in sexual harassment cases
increased from 970 to nearly 1,200, an increase of more
than 23%
• In FY2018, the EEOC recovered nearly $70 million for
victims of sexual harassment through administrative
enforcement proceedings and litigation – an increase of
more than 22% over FY2017
5. 5
SCOPE OF THE PROBLEM (cont’d.)
A survey conducted in March 2018 by the Working
Mother Research Institute and the ABA Journal
surveyed almost 3,000 people online, 65% of whom
were female
◦ Of the female respondents, 68% indicated that they had
experienced sexual harassment at work
6. 6
SCOPE OF THE PROBLEM (cont’d.)
◦But importantly, only 30% reported the harassment to
the company
◦The main reasons for not reporting the harassment
were that: it would negatively impact their job; a belief
that such behavior was tolerated; and lack of
confidence that senior leadership would address the
issue
7. 7
SCOPE OF THE PROBLEM (cont’d.)
Workplace harassment can negatively impact employers in a
variety of ways, including:
• Loss of employee morale
• Employee turnover
• Increased absences
• Reduced productivity
• Distraction of company’s personnel in gathering documents,
conducting investigation, and time invested in fighting claim
• Amounts paid in settlement or awarded by jury
• Legal fees
8. 8
AVOIDING CLAIMS IN THE HIRING PROCESS
• Discrimination in the hiring process happens when an employer
selects a candidate based on criteria other than applicant’s
qualifications
• Employers need to be careful not to discriminate against
applicants due to, among other things, race, gender, religion,
age (40 and over), national origin, disability or pregnancy
• To avoid discrimination in the hiring process, an employer needs
to analyze the duties required for the position being filled – what
are the essential job functions?
9. 9
AVOIDING CLAIMS IN THE HIRING PROCESS
• The employer should develop specific education and
experience qualifications for job candidates for the position;
require only those qualifications necessary to perform the
required duties of the particular position
• During the interview process, ask questions designed to
determine whether the applicant meets the qualifications for
the particular position
• The interviewer should write out the interview questions
based on the analysis of the duties required for the position,
and the education and experience qualifications required
10. 10
AVOIDING CLAIMS IN THE HIRING PROCESS
• Ignore reference to one of protected classes that an
applicant may make (e.g., pregnancy), and inform the
candidate that it will not be a factor in the selection
• Ask each applicant every question on your list; follow-up
questions may vary depending on the applicant’s response
• At least two people should attend each interview on behalf
of employer
• At least one person should keep good notes of the interview
11. 11
AVOIDING CLAIMS IN THE HIRING PROCESS
Everyone involved in hiring process should receive
training about:
◦ Basics of Title VII, ADA, ADEA, etc.
◦ Nuts and bolts of interviewing
◦ How to properly conduct background and reference checks
◦ Training or refresher on Company policies and benefits
Leave, seniority, vacation, etc.
Where Company doesn’t have policies (e.g., – too small for
FMLA)
◦ Following procedures for every hire
12. 12
AVOIDING CLAIMS IN THE HIRING PROCESS
HYPOTHETICAL SITUATION:
Don is a 58-year-old attorney. He applies for a senior inhouse position
in FotoKonnect’s legal department. The job description required
applicants to have “3 to 7 years (no more than 7 years) of relevant legal
experience.” Don had more than seven years of pertinent experience.
FotoKonnect did not hire Don, but instead hired a 29-year-old applicant
who met but did not exceed the prescribed experience requirement.
Don sues FotoKonnect for age discrimination.
Did FotoKonnect engage in prohibited discrimination?
13. 13
AVOIDING CLAIMS IN THE HIRING PROCESS
HYPOTHETICAL SITUATION:
Carol applied for a warehouse job. At the interview, the hiring official
told her the job requirements and asked if she would be able to meet
them. One of the job requirements was the ability to lift up to 50
pounds. Carol said that she could not meet the lifting requirement
because she was pregnant but otherwise would be able to meet the job
requirements. She was not hired. The employer asserts that it did not
select Carol because she could not meet the lifting requirement and
produces evidence that it treats all applicants the same with regard to
this hiring criterion.
Did the company unlawfully discriminate against Carol?
14. 14
AVOIDING CLAIMS IN THE HIRING PROCESS
ADA – Employment Medical Inquiries
The ADA limits an employer's ability to make disability-related
inquiries or require medical examinations at three stages:
pre-offer, post-offer, and during employment. The rules
concerning disability-related inquiries and medical
examinations are different at each stage.
15. 15
AVOIDING CLAIMS IN THE HIRING PROCESS
Medical Inquiries – Pre-Offer
At the first stage (prior to an offer of employment), an
employer may not ask any disability-related questions or
require any medical examinations, even if they are related to
the job.
16. 16
AVOIDING CLAIMS IN THE HIRING PROCESS
Medical Examinations – Conditional Offer
• At the second stage (after an applicant is given a
conditional job offer, but before he or she starts work),
an employer may ask disability-related questions and
conduct medical examinations, regardless of whether they
are related to the job, as long as it does so for all entering
employees in the same job category.
• But if criteria ultimately screens out individuals with
disabilities, the criteria must be job-related and consistent
with business necessity.
17. 17
KEY TIPS FOR AVOIDING DISCRIMINATION
CLAIMS IN THE WORKPLACE
• Culture. Culture has to come from the top – dignity and
respect; zero tolerance for discrimination or harassment
• Policy. Company must have strict and clear policy that
prohibits employment discrimination or harassment
◦ Policy should be easy to understand
◦ Policy should provide at least two, and preferably several, different
persons to whom complaints or reports can be made (e.g.,
immediate supervisor, head of HR, officers or partners)
◦ Policy should be updated periodically to ensure that it complies
with current law
19. 19
KEY TIPS FOR AVOIDING DISCRIMINATION
CLAIMS IN THE WORKPLACE
• Training of managers/supervisors. Company needs to
train managers and supervisors regarding implementation of
anti-discrimination and anti-harassment policy with
expectation that prevention is their responsibility
• Training of employees. Company needs to train
employees about company policy, and about how to report
or complain about discrimination or harassment
◦ Be sure to have employees sign off on a training record to indicate
that they attended the training, and are aware of the company’s
policy and the complaint and/or reporting process
20. 20
KEY TIPS FOR AVOIDING DISCRIMINATION
CLAIMS IN THE WORKPLACE
• Procedures for addressing complaints. Have procedures in
place for addressing complaints and who will address them; all
complaints should be addressed promptly
• Investigating complaints
◦ Investigate all complaints and reports thoroughly and promptly
◦ Let the parties know that you cannot guarantee a particular result,
but you can guarantee a fair process
◦ Interview the complainant or person reporting the harassment or
discrimination, all other relevant witnesses, and then the alleged
discriminator/harasser
21. 21
KEY TIPS FOR AVOIDING DISCRIMINATION
CLAIMS IN THE WORKPLACE
• Investigating complaints (cont’d)
◦ Seek to maintain confidentiality to extent reasonably possible
◦ Warn the discriminator/harasser that no retaliation will be tolerated
◦ Ask neutral, not accusatory questions, preferably open-ended
questions; ask about and obtain any corroborating documents
◦ Ask about any alleged similar acts of discrimination/harassment or
other inappropriate behavior
◦ Determine quickly whether immediate, temporary action should be
taken to separate the parties during the investigation
22. 22
KEY TIPS FOR AVOIDING DISCRIMINATION
CLAIMS IN THE WORKPLACE
• Implementing appropriate remedial action
◦ Upon completion of investigation, you need to make decision
regarding the extent to which you believe that the complainant or
victim was subjected to unlawful harassment or discrimination
◦ You will have to decide whose testimony is more credible – the
complainant/victim and witnesses or the alleged
discriminator/harasser
◦ Decide on discipline for the discriminator/harasser, if any – write-
up; suspension (with or without pay depending on any applicable
policies); termination
◦ Inform complainant/victim of decision
23. 23
KEY TIPS FOR AVOIDING DISCRIMINATION
CLAIMS IN THE WORKPLACE
• Implementing appropriate remedial action (cont’d.)
◦ Consistency is always important – similar conduct should result in
similar discipline, subject to consideration of history of past
conduct
◦ Document why you took action the action you did (who you
interviewed, who you believed and why, and why the discipline is
appropriate)
◦ Disciplinary action goes in personnel file of accused
◦ The interview summaries should go in a separate investigation file
– not the personnel files of the victim or the witnesses
25. 25
KEY TIPS FOR AVOIDING DISCRIMINATION
CLAIMS IN THE WORKPLACE
HYPOTHETICAL SITUATION:
You are the Director of HR for ABC Widgets. A female employee from the
company’s Sales Department comes into your office and tells you that on the
previous day, the Director of Sales asked the employee if she wanted to go out
for drinks after work. Although she was uncomfortable about the invitation,
she agreed to go out for drinks. After work, they went to a nearby bar, where
they each consumed several alcoholic drinks. Afterwards, they both got into
the Sales Director’s car in the parking lot of the bar. According to the
employee, the Sales Director kissed her and then groped her, at which point
she told him to stop and quickly got out of the car and left. She tells you that
she wanted you to know about the incident, but doesn’t want to get the Sales
Director in trouble, and doesn’t want you to do or say anything about it.
What should you do?
26. 26
KEY TIPS FOR AVOIDING DISCRIMINATION
CLAIMS IN THE WORKPLACE
HYPOTHETICAL SITUATION:
Once again, you are the Director of HR for ABC Widgets. ABC Widgets’
leave policy does not cover employees until they have worked for six
months. An employee who has worked for only three months comes
into your office and tells you that she has a disability, and her doctor
informed her that she needs four weeks of leave for treatment of a
disability, starting as soon as possible.
What should you tell her?
27. 27
AVOIDING CLAIMS IN THE FIRING PROCESS
Termination of an Individual Employee
• Make sure there are legitimate reasons for termination
• Assess potential legal risk (be sure to involve HR and legal
counsel, if necessary)
• Create and maintain relevant documents, including
performance reviews, disciplinary warnings, etc.
• Is employee entitled to severance compensation, and if not,
should severance be offered in exchange for release?
• Deliver the termination message appropriately
28. 28
AVOIDING CLAIMS IN THE FIRING PROCESS
Delivering the Message
• Timing
• Prepare for and rehearse
• As always, have a witness
• Be direct; give the real reasons but without details; be sure
that reasons are consistent with all relevant documents
• Avoid giving excuses or personal statements
◦ For example, don’t say, “This is not my decision,” or “I don’t agree
with the company’s decision.”
29. 29
AVOIDING CLAIMS IN THE FIRING PROCESS
Delivering the Message (cont’d.)
• Avoid arguments, but be open to questions or concerns
◦ Answer questions honestly, but succinctly
• Outline status of available employee benefits
• Be prepared for negative reaction
◦ Do we need to have security nearby?
• Be sensitive, respectful and professional
30. 30
AVOIDING CLAIMS IN THE FIRING PROCESS
Implementing a RIF
• Create a RIF Committee or put one person in charge of
overseeing the RIF
• Analyze severance pay issue
• Determine how many employees will need to be discharged
and from which areas
• Determine criteria to be used in deciding which employees
will be retained and which ones will be discharged
31. 31
AVOIDING CLAIMS IN THE FIRING PROCESS
Implementing a RIF (cont’d.)
• Inform managers or front-line supervisors or other decision-
makers who will be making decisions or recommendations
about whom to keep and whom to let go about these criteria
◦ Criteria are to be strictly followed
◦ Managers/supervisors should be cautioned not to select
employees to be included in RIF based upon their proximity to
retirement
32. 32
AVOIDING CLAIMS IN THE FIRING PROCESS
Implementing a RIF (cont’d.)
• Review by RIF Committee (or person in charge of RIF)
◦ Individual cases
◦ Bottom line numbers