Recent legal amendments have changed the way employers should manage pregnant employees. It’s important for employers and human resources professionals to understand the implications of the changes and to understand the requirements of accommodation to avoid lawsuits and reputation damage.
New graduate nurses experience a significant "reality shock" as they transition from the student to professional role. Awareness of potential issues and development of preventative self-care strategies helps ensure a good foundation for life-long career satisfaction. This presentation explores common first-year practice struggles and provides methods to cope with stressors.
New graduate nurses experience a significant "reality shock" as they transition from the student to professional role. Awareness of potential issues and development of preventative self-care strategies helps ensure a good foundation for life-long career satisfaction. This presentation explores common first-year practice struggles and provides methods to cope with stressors.
Presented at the Master of Science and Doctor of Philosophy Programs in Data Science for Healthcare and Clinical Informatics, Department of Clinical Epidemiology and Biostatistics, Faculty of Medicine Ramathibodi Hospital, Mahidol University, Bangkok, Thailand on November 8, 2021
California Lactation Accommodation & Breastfeeding Anti-Discrimination PolicyMary Wright
An overview of California's lactation regulations and recent addition of "breastfeeding" as a protected act under the California Fair Employment and Housing Act
Tone from the Top, Bottom, and Everywhere in BetweenCase IQ
The importance of ‘tone at the top’ is undeniable when it comes to supporting a culture of ethics, compliance, and accountability. However, regardless of your job title or job description, there is an active and important role you can take in setting the tone of your organization. We all have a sphere of influence, – whether formal, informal, or both – and this program will help you identify how you can use your influence in the service of supporting ethics, compliance, and accountability.
Regardless of your job title or level of experience, you will come away from this program with ideas for what you can do both personally and organizationally to shape the ethical tone of your business.
Whether you are in human resources, corporate security, ethics and compliance or any management position, getting people to make ethical decisions is an important part of your job. Your organization’s performance and reputation depends on it. It’s up to leaders to set the tone so that ethics becomes ingrained in the company culture, but many of us don’t really understand what influences our decision making and how we can encourage ourselves and others to act ethically.
Emerging Risks: Is Your Code of Conduct Up to Standard?Case IQ
A company’s code of conduct is the most important communication of an ethics and compliance program, setting out the company’s values and expectations for employee behavior. It helps everyone make responsible decisions, reinforces compliance with a company’s standards and protects the company’s reputation.
Your code of conduct should align with your company’s current risks. When you identify your most serious and frequent ethics and compliance risks, you can address them in your code.
The world is constantly changing, raising new opportunities and new risks to your business. Companies must address emerging risks proactively, assessing and revising their corporate codes to include new topics relevant to the current business environment.
Retaliation is the most common basis of discrimination claims, appearing in more than a third of all claims filed with the EEOC and costing employers millions each year. Learn how to deal with the challenges of retaliation and earn CE credits at the same time.
Investigating Misconduct: Reaching a Decision and Determining Root CausesCase IQ
So you’ve completed your workplace investigation and it’s time to pull all the information and evidence together to draw a conclusion and make a decision about what happened. But that’s not all; you will also want to find out why the misconduct occurred so that you can put into place measures to ensure it doesn’t happen again. Do you know where to start?
Workplace Investigations: Managing 5 Challenging WitnessesCase IQ
Workplace investigators encounter a wide variety of people over the course of an investigation, some more challenging than others. Effective handling of each complainant, alleged wrongdoer and witness is crucial to the outcome of the investigation, and good interviewing and investigation skills will always be needed, no matter what challenges they throw your way.
Watch as Bill Nolan, Managing Partner of Barnes & Thornburg LLP’s Ohio office and author of the popular blog series: The Witness Files, outlines strategies for handling five situations you may encounter in a workplace investigation.
Preventing Family Responsibilities DiscriminationCase IQ
Family Responsibilities Discrimination (FRD), also known as Caregiver Discrimination, is employment discrimination against workers based on their family caregiving responsibilities. It may affect parents of young children, pregnant women, employees with an ill family member or with aging parents or sick spouses or partners. Discrimination can include being rejected for a job or promotion, being denied leave or flexibility to which the employee is entitled, or being demoted, harassed, or fired when employers allow stereotypical notions of caregivers to affect their work-related decisions.
Employers who discriminate against employees because of their caregiver responsibilities could face legal action, reputation damage and low employee morale, so it’s important to put in place measures to prevent this type (and all types) of discrimination.
The Inside Job: Detecting, Preventing and Investigating Data TheftCase IQ
Companies have enough to worry about from outsiders when it comes to cybersecurity. From stealthy hackers infiltrating their networks to criminal cyber-gangs stealing their data and government surveillance of their systems, security teams must be on their toes at all times. But the insider threat can be just as dangerous and sometimes harder to detect.
According to the 2015 Insider Threat Spotlight Report, 62 per cent of security professionals are seeing a rise in insider attacks. While many of these are malicious attacks, they can also be unintentional breaches. The consequences, no matter the motivation, can be equally devastating.
Ethical Investigation Interviews: The PEACE ModelCase IQ
The aggressive, intimidating interrogation tactics you see on television don’t always work. Not only can they discourage the interviewee from giving you the information you need, but also they have been shown, on occasion, to elicit false confessions. A more conversational interviewing style, based on science, which builds trust and rapport, is the way forward, say some psychologists. This philosophy is encapsulated in the PEACE Model of investigative interviewing, developed in the early 90s and used by law enforcement in the UK, Canada, Australia since then.
Investigating online conducting pre-interview researchCase IQ
Going into an investigation interview with no knowledge of the interview subject is like going into a job interview with no knowledge about the company. You’re unlikely to get the information you need (or the job you want).
Before meeting an interview subject an investigator should do some online research on the interview subject. Background information can help the investigator establish rapport, identify areas of vulnerability and determine questioning strategies.
Presented at the Master of Science and Doctor of Philosophy Programs in Data Science for Healthcare and Clinical Informatics, Department of Clinical Epidemiology and Biostatistics, Faculty of Medicine Ramathibodi Hospital, Mahidol University, Bangkok, Thailand on November 8, 2021
California Lactation Accommodation & Breastfeeding Anti-Discrimination PolicyMary Wright
An overview of California's lactation regulations and recent addition of "breastfeeding" as a protected act under the California Fair Employment and Housing Act
Tone from the Top, Bottom, and Everywhere in BetweenCase IQ
The importance of ‘tone at the top’ is undeniable when it comes to supporting a culture of ethics, compliance, and accountability. However, regardless of your job title or job description, there is an active and important role you can take in setting the tone of your organization. We all have a sphere of influence, – whether formal, informal, or both – and this program will help you identify how you can use your influence in the service of supporting ethics, compliance, and accountability.
Regardless of your job title or level of experience, you will come away from this program with ideas for what you can do both personally and organizationally to shape the ethical tone of your business.
Whether you are in human resources, corporate security, ethics and compliance or any management position, getting people to make ethical decisions is an important part of your job. Your organization’s performance and reputation depends on it. It’s up to leaders to set the tone so that ethics becomes ingrained in the company culture, but many of us don’t really understand what influences our decision making and how we can encourage ourselves and others to act ethically.
Emerging Risks: Is Your Code of Conduct Up to Standard?Case IQ
A company’s code of conduct is the most important communication of an ethics and compliance program, setting out the company’s values and expectations for employee behavior. It helps everyone make responsible decisions, reinforces compliance with a company’s standards and protects the company’s reputation.
Your code of conduct should align with your company’s current risks. When you identify your most serious and frequent ethics and compliance risks, you can address them in your code.
The world is constantly changing, raising new opportunities and new risks to your business. Companies must address emerging risks proactively, assessing and revising their corporate codes to include new topics relevant to the current business environment.
Retaliation is the most common basis of discrimination claims, appearing in more than a third of all claims filed with the EEOC and costing employers millions each year. Learn how to deal with the challenges of retaliation and earn CE credits at the same time.
Investigating Misconduct: Reaching a Decision and Determining Root CausesCase IQ
So you’ve completed your workplace investigation and it’s time to pull all the information and evidence together to draw a conclusion and make a decision about what happened. But that’s not all; you will also want to find out why the misconduct occurred so that you can put into place measures to ensure it doesn’t happen again. Do you know where to start?
Workplace Investigations: Managing 5 Challenging WitnessesCase IQ
Workplace investigators encounter a wide variety of people over the course of an investigation, some more challenging than others. Effective handling of each complainant, alleged wrongdoer and witness is crucial to the outcome of the investigation, and good interviewing and investigation skills will always be needed, no matter what challenges they throw your way.
Watch as Bill Nolan, Managing Partner of Barnes & Thornburg LLP’s Ohio office and author of the popular blog series: The Witness Files, outlines strategies for handling five situations you may encounter in a workplace investigation.
Preventing Family Responsibilities DiscriminationCase IQ
Family Responsibilities Discrimination (FRD), also known as Caregiver Discrimination, is employment discrimination against workers based on their family caregiving responsibilities. It may affect parents of young children, pregnant women, employees with an ill family member or with aging parents or sick spouses or partners. Discrimination can include being rejected for a job or promotion, being denied leave or flexibility to which the employee is entitled, or being demoted, harassed, or fired when employers allow stereotypical notions of caregivers to affect their work-related decisions.
Employers who discriminate against employees because of their caregiver responsibilities could face legal action, reputation damage and low employee morale, so it’s important to put in place measures to prevent this type (and all types) of discrimination.
The Inside Job: Detecting, Preventing and Investigating Data TheftCase IQ
Companies have enough to worry about from outsiders when it comes to cybersecurity. From stealthy hackers infiltrating their networks to criminal cyber-gangs stealing their data and government surveillance of their systems, security teams must be on their toes at all times. But the insider threat can be just as dangerous and sometimes harder to detect.
According to the 2015 Insider Threat Spotlight Report, 62 per cent of security professionals are seeing a rise in insider attacks. While many of these are malicious attacks, they can also be unintentional breaches. The consequences, no matter the motivation, can be equally devastating.
Ethical Investigation Interviews: The PEACE ModelCase IQ
The aggressive, intimidating interrogation tactics you see on television don’t always work. Not only can they discourage the interviewee from giving you the information you need, but also they have been shown, on occasion, to elicit false confessions. A more conversational interviewing style, based on science, which builds trust and rapport, is the way forward, say some psychologists. This philosophy is encapsulated in the PEACE Model of investigative interviewing, developed in the early 90s and used by law enforcement in the UK, Canada, Australia since then.
Investigating online conducting pre-interview researchCase IQ
Going into an investigation interview with no knowledge of the interview subject is like going into a job interview with no knowledge about the company. You’re unlikely to get the information you need (or the job you want).
Before meeting an interview subject an investigator should do some online research on the interview subject. Background information can help the investigator establish rapport, identify areas of vulnerability and determine questioning strategies.
Top Strategies for Encouraging Employees to Use Your Whistleblower HotlineCase IQ
You don’t have to look too hard to see the effects of a company culture that discourages reporting misconduct, with glaring examples in the headlines continuously appearing. It’s clear that a company’s reputation and finances can be catastrophically affected by misconduct that is left to fester.
Employee tips are consistently found to be the most common source of detecting misconduct, with organizations with reporting hotlines detecting almost 20 per cent more fraud than those without hotlines. But getting employees to speak up about fraud, harassment, discrimination or any other type of misconduct isn’t easy. They may fear retaliation, losing their jobs, hurting their co-workers, or just being cast as a “snitch” or a liar.
Learn proven strategies you can use to get employees to report misconduct before it becomes a full-blown ethics and compliance disaster.
The slides will cover:
The importance of having an ethics/whistleblower hotline
Why anonymity is critical and how to provide it
How to train employees to appropriately use reporting tools
Addressing company culture weaknesses to encourage reporting
Anti-retaliation policies and their enforcement
Detecting and investigating vendor fraud mvwCase IQ
Vendor fraud schemes cost organizations in the US millions of dollars each year and no company is immune. Knowing what to look for and where to look is crucial to preventing, detecting and stopping this expensive fraud.
Join Maribeth Vander Weele, investigation expert, former inspector general and founder of the Vander Weele Group; as she presents case studies, practical examples, and discussion to outline strategies for detecting and investigating vendor fraud.
Create a Harmonious Workplace and Avoid LitigationCase IQ
An optimum workplace environment is critical for the health of any organization. So what specific ingredient creates that optimum environment for you and your associates? Log in to this webinar to find out about the one primary ingredient that will help foster a sense of community, boost employee morale and increase productivity, while at the same time help to protect the business from conflict, workplace violence and employment lawsuits.
In order to achieve this type of workplace, managers, executives and the human resources team must all be on board, creating and enforcing policies that encourage employees to be courteous and discourage conflict.
Technology Explosion and Future of Investigations Case IQ
Technology is exploding at an exponential rate and is already creating challenges for investigators of all types, from human resources to law enforcement. Cloud computing and the pervasive use of mobile devices have made it harder for investigators to identify and preserve digital evidence. New encrypted phone apps and virtual private networks have made it easier for people to hide and to cover their tracks.
We also need to think about how technology can produce new types of crime that have never been seen before. Join Walt Manning, President of Investigations MD and the Techno-Crime Institute as well as a speaker and trainer, as he discusses strategies for preparing for the future of investigations.
The webinar will cover:
• How technology is already changing the rules for investigators
• Avenues new technologies will open up for fraud and other misconduct
• Examples of technology-enabled crimes of the future
What investigators should be thinking about today to prepare for the investigation strategies of tomorrow
Investigation Report Writing: A Nuts and Bolts ApproachCase IQ
Many investigation reports are written poorly because investigators simply don’t know what to include. Poorly written reports provide little value and may even increase a company’s legal risk. A well written investigation report presents the right information, includes careful analysis and reaches a conclusion.
Meric Bloch, author, trainer, speaker and Principal of Winter Compliance, as he outlines the fundamentals of writing investigation reports.
You will learn:
-What information to include and how to include it
-How to assess witness credibility
-Strategies for evaluating proof
-How to present findings
-How to avoid the most common report writing mistakes
6 Keys to Preventing and Responding to Workplace ViolenceCase IQ
We like to think that the workplace is safe. But in reality, people bring their problems and, sometimes, associated violence, to the workplace. From bullying and simple assaults to unexpected aggression and active shooters, no organization is completely safe. Workplace violence training provides a pragmatic approach to workplace violence and bullying prevention.
Anna Denton Jones HR Insights September 2017Laura Steggles
Anna Denton Jones of Refreshing Law covered what employers can do to help support the mental health of their staff and what employers need to do from a legal perspective when staff take mental health-related leave.
The Education HR in the North West Conference, January 2018 - Capability and ...Browne Jacobson LLP
This session looks at the definition of disability and the risks associated with this, as well as the role of occupational health and capability dismissals.
Webinar: Investigating Family Responsibilities Discrimination Claims with Cyn...Case IQ
In a free i-Sight webinar with Cynthia Calvert, the issue of family responsibilities discrimination was discussed. Calvert shared tips for preventing FRD discrimination and how to investigate allegations of FRD.
To watch the webinar recording, visit: http://i-sight.com/webinar-investigating-family-responsibilities-discrimination-claims/
According to Mind, 1:4 of people in the UK will encounter a mental health problem in the UK, each year. Although awareness of mental health as a physical illness is starting to increase, many organisations are still unaware of the impact such illnesses can have on the individual, and the devastating effect poor management practices can have on colleagues in certain situations. Such ignorance is concerning – in far too many cases, anxiety, depression and other conditions are treated with ‘lip service’ at best; or as taboo at worst. This session will try and tackle some of the main, down-to-earth matters surrounding mental health in Higher Education Institutions. Sometimes, performance is affected, and this can have a serious adverse effect on the morale and performance of a team or department at large. How straightforward is it to identify and help people who might be struggling? How is it best to tackle poor performance while, at the same time, help an individual or individuals cope with mental health difficulties? Should HEIs introduce transparent strategic mental health awareness policies at the very top? How would one do that? How might it be possible to change an institutional or departmental climate for the better, with other positive knock-on effects this could have on welfare, happiness and performance? How would it be possible to transform understanding and practice at a local and institutional level? Following a brief presentation, this session will be an open forum for the sharing of experiences, suggestions and best practice.
The session will be a fully interactive improvisation workshop in which delegates will be invited to engage in fun and stimulating exercises designed to improve their communication, teamwork and break through any barriers holding them back. The exercises can be categorised as follows: Resilience: By learning to embrace failure, participants will learn how to take something with negative connotations as an opportunity for learning and growth. In the current climate where huge demands are placed on administrators, conquering the fear of failure and being able to reframe a ‘failure’ as a learning opportunity is key.
Embracing change: Exercises designed to nudge participants out of their comfort zones will help them to see that change is an inevitable and necessary part of growth. They will learn that they have talent in areas that they may never have previously considered.
Public speaking: Through involvement in storytelling exercises, participants will build their confidence in public speaking and presentation through creative play. These exercises will give them tips and tricks that they can take away with them and apply to future presentations.
Teamwork: These exercises will help participants to communicate more clearly and freely within a team and can be used for teambuilding and away days after the conference.
Evelyn Sparks, Acting VP of Professional Practice at The Royal shared her tips for returning to work after taking a leave to recover from a mental illness.
Similar to Pregnancy Discrimination: Update and Action Steps for Employers (20)
How Best Practices in Triage Protocol Can Boost Compliance and Reduce RiskCase IQ
With recent announcements of increasingly stringent federal policies around record-keeping and due diligence, compliance and investigation professionals are feeling the pressure to demonstrate consistency and rigor in their case management processes.
Planning your investigation, having the right team members involved and reporting on outcomes of an investigation can all be difficult phases of the process.
However, being able to demonstrate that you are quickly, consistently and accurately triaging incidents is even more important now.
The key is to establish decision-making approaches and plan out your entire protocol before the matter comes to your attention through hotline reporting or other mechanism. This ensures structure and success as you triage, investigate, staff the investigation properly and meet the inevitable challenges of reporting and addressing the root causes of incidents.
How to Drive Efficiency and Reduce Risk with Investigative Case Management So...Case IQ
In order to avoid risk while running a successful organization, today’s leaders need to do more than react to cases of harassment, misconduct and employee fraud. They need to prevent these issues. Purpose-built case management software provides data-driven reports that help companies manage risk, spot trends and protect employees and the organization by preventing incidents, as well as fines and reputation damage.
But home-grown or dated solutions come with many challenges. For instance, managing incidents and investigations using manual methods leads to duplication of effort and information silos, resulting in inefficiency. Using these solutions also comes with security risks and inconsistent documentation, opening the company up to fines and lawsuits.
i-Sight’s powerful case management platform streamlines your investigative process and provides the data you need to analyze results, prevent incidents and protect your employees. You’ll save time and money, ensure compliance, and reduce risk, all with one tool.
Who's Lying? Using the Cognitive Interview to Assess Credibility in Workplace...Case IQ
When investigating a “he said/she said” case of sexual harassment or other alleged misconduct, are you using scientifically validated methods to interview witnesses, assess their credibility, and reach a defensible conclusion?
Over the past 15 years, scientists have found that much of the conventional wisdom on how to effectively interview witnesses and determine truthfulness is wrong. At the same time, courts have found companies liable for using scientifically unproven interviewing techniques in workplace investigations.
In this webinar you will learn about the hundreds of research studies that scientists have conducted on how to best interview witnesses and assess credibility. You will learn how to apply these scientifically validated methods to your investigations.
Join the i-Sight team and former U.S. Department of Justice attorney Michael Johnson as they discuss how to apply these scientifically validated methods to your investigations.
Protecting the Mental Wellbeing of Corporate InvestigatorsCase IQ
Vicarious trauma is a type of second-hand psychological response most often associated with first responders and front-line crisis workers. Although corporate incident investigators and HR and compliance professionals are usually not the first on the scene, they frequently find themselves listening to both victims and accused people who recount what could be the worst days of their professional lives.
There is no doubt that the case management process can be stressful and sometimes triggering for those who are managing it. The personal and organizational impacts can include compromised risk assessment and investigations, investigator burnout and absenteeism, and a less healthy workplace overall.
Join expert workplace investigator Ken McCarthy as he shares his experience with vicarious trauma and compassion fatigue resulting from his involvement in workplace investigations.
As an investigator, you don’t define your value to the organization; leadership does. What are you doing to be a better business advisor and contribute to the organization’s goals? In other words, why should the bosses listen to you?
Because misconduct doesn’t happen in a vacuum! It results from a perfect storm of factors like employee ignorance, a failure to see the larger implications, a lack of training and procedures, or a failure of internal controls. And you have a view to all of this in your cases.
This webinar outlines how you can become a better strategic advisor, how to think like a business leader, and what keeps executives awake at night. You’ll learn how case management can drive a culture of prevention, and how you can prove the bottom-line ROI of investigations.
Join Meric Bloch, Strategic Advisor at Winter Investigations as he discusses how investigators can become business advisors to the C-suite using their knowledge of case management and risk assessment.
In this webinar, you will learn:
Goals of a strategic business advisor.
-What advice does a strategic advisor give?
-What should a strategic advisor not do?
-How an investigator can become a strategic advisor.
-How stellar case management positions investigators as strategic advisors.
5 Steps to Creating an Ethical Work CultureCase IQ
You get it. Being an ethical organization matters. A lot.
But ethics isn’t just a quarterly HR campaign or a glossy conduct guide; in order to really have a bottom-line business impact, organizational ethics must function as an integral pillar of company culture over time.
So, what are the best practices to make sure your organization is regularly thinking about ethics and including it in everyday decision making? What are some creative ways to bring focus to this vital but often overlooked function? And how can you most effectively deal with and investigate an incident or a breach when it occurs?
How to Assess, Level Up, and Leverage Your Culture of ComplianceCase IQ
Compliance officers know that a strong culture of compliance is indispensable to risk management and better business performance in the modern world. So how, exactly, can you capture insights into the current state of your corporate culture, and then use that information to (1) shore up weak spots in ethics and compliance operations; and (2) leverage a strong culture of compliance for better operations across the enterprise?
Join Matt Kelly, Editor and CEO of RadicalCompliance.com, as he discusses how and why compliance leaders need to use data to improve their investigations and corporate culture.
Everything You Need to Get E&C Investigations Right (According to the DOJ)Case IQ
Internal investigations have long been a part of every ethics & compliance program and every E&C professional’s tool kit. However, the US Department of Justice has made clear that internal investigations are more important than ever.
In October 2021, Deputy Attorney General Lisa Monaco reinstituted the substance of the Yates Memo, requiring companies to turn over all information on any culpable individuals. Recent criminal enforcement actions by the DOJ have thrown new and increasing scrutiny on internal investigations. Now, CCOs and CECOs must certify compliance in any FCPA settlement.
In short, getting E&C internal investigations right has taken on a new importance.
5 Ways to Build Employee Trust for Less Turnover and Fewer IncidentsCase IQ
Over the past few months, we’ve seen employees quit in record numbers. While there are many reasons for “The Great Resignation”, a standout is employee trust. A study from Gallup suggests that only one in three employees strongly agree that they trust the leadership of their organization.
Employees want to trust the companies they work at and the people they work with. They want to feel comfortable coming to HR with their complaints and concerns. But building trust takes time, and effort. As organizations are planning their post-pandemic strategies, now is a perfect time to place an intentional emphasis on building trust.
Hybrid Workplace Harassment: Are You Protecting Your Company from Hidden Thre...Case IQ
In today’s “new world of work,” many organizations run on a hybrid model, with some employees working remotely and others in the physical office. While this set-up is convenient, it can cause unique interpersonal issues between employees.
Reduced face-to-face communication makes it harder for teams to bond, while making it easier for harassers to get away with bad behavior. To reduce harassment incidents in your hybrid workplace, you need to foster a culture of openness, willingness to learn, and compassion.
Join workplace investigation and executive management expert Kenneth McCarthy as he outlines how to address and prevent hybrid workplace harassment incidents.
Finding Value Before a Crisis: How Workplace DEI Drives Revenue and Prevents ...Case IQ
The topic of workplace diversity, equity, and inclusion is at an all-time high right now. It has been proven that there is a direct correlation between inclusive workforces, productivity, and revenue. According to the McKinsey & Company diversity report, “companies in the top-quartile for ethnic and cultural diversity on executive teams were 33% more likely to have industry-leading profitability.”
Without a strong DEI program, though, your organization could face internal harassment incidents, discrimination lawsuits, high employee churn, and a poor corporate reputation, leading to lost customers and clients.
Join inclusive marketing consultant, speaker, and author Michelle Ngome as she outlines DEI best practices that will increase your organization’s revenue, as well as prevent workplace incidents.
How Not to Get Called Out on TikTok: Improving Your Brand Through Employer/Em...Case IQ
More and more, disgruntled employees have been taking to TikTok, Twitter, and other social media sites to share videos and posts of their bad work experiences. These stories are more likely than ever to go viral, which can lead to lost business, reputational damage, employee churn, and lawsuits, just to name a few unwelcome consequences for employers.
While some people might be acting in bad faith, employees have been finding tried traditional HR channels less than satisfactory. They feel un-heard and undervalued, and they turn to the internet to tell their stories, and receive fast responses.
You can’t build a brand or accomplish your mission statement without your employees. To avoid the repercussions of viral incidents and strengthen your brand, you have to repair your employer/employee relationship and work culture—or better yet, create a healthy, ethical culture from the start.
Join employment lawyer Janette Levey as she breaks down major viral incidents including Better.com, Starbucks, and Amazon, their consequences, and what to do to avoid them.
What is Psychological Safety in the Workplace?Case IQ
Catherine Mattice discusses how workplace concepts such as incivility, harassment, and inequity are intertwined, and how organizations can address them more proactively to create psychological safety for all workers.
Misconduct or Missed Conduct? Ensuring Consistent SAR Reporting of Internal M...Case IQ
Case management is an integral component of any institution’s overall compliance program, let alone those with suspicious activity report (“SAR”) filing responsibilities. However, misconduct is often reported through multiple channels such as whistleblower complaints, HR, and even through a company’s legal department. If misconduct requires SAR filing, input from HR, and advice from legal, but comes in through possibly siloed teams, how can a company feel confident that they are accurately capturing and consistently dispositioning these cases?
The answer boils down to an often-overlooked area – case management systems.
Join financial crime compliance advisory and training specialist Michael Schidlow, as he explains best and worst practices in the field, gives tips on what case management tools should always and shouldn’t ever do, and describes how to utilize metrics from those systems to get an accurate snapshot of their company’s risk profile.
Building Effective Sexual Harassment Prevention Policies and TrainingCase IQ
There’s no place for sexual harassment in today’s workplace, and employers have a responsibility to investigate every allegation. But reacting after a complaint is made doesn’t fix a culture that allows sexual harassment to occur. A proactive approach, incorporating a strong policy, backed by training and commitment at all levels, is key to building an organizational culture that discourages sexual harassment.
Join Philip Miles, employment lawyer, McQuaide Blasko, as he outlines the steps for building policies and training plans to prevent sexual harassment in the workplace.
How to recognize and minimize unconscious bias in the workplaceCase IQ
The modern workplace should be an inclusive and welcoming environment for all employees but that isn’t always the case. In fact, systemic inequality is the norm for a vast number of workplaces throughout North America, Europe and beyond. And while the BLM and MeToo movements have received much media attention, the underlying factors that contribute to the inequality they point out aren’t always addressed.
Implicit, or unconscious, bias is the root of many systemic inequities in the workplace. It’s important that we recognize our personal biases, take action to mitigate them and actively serve as an ally to others.
On June 10, join Catherine Mattice-Zundel, president of Civility Partners, a training and consulting firm focused on helping organizations build positive workplace cultures, as she outlines strategies for uncovering and reducing implicit bias in workplace decision-making.
The webinar will cover:
● The origins of bias and four different types of bias
● Risk factors that increase our likelihood to engage in bias
● How to compensate for and attempt to overcome bias through clear and tangible actions
● Strategies to combat microaggressions and other exclusive behaviors using simple, tried and true
intervention methods
Search Engine Skills for Workplace InvestigatorsCase IQ
Whether you are investigating fraud, harassment or other misconduct, solid online research skills can serve you well. The internet is a valuable resource for finding information and evidence to support your case, and it’s important to stay up to date on its use and limitations.
Join Cynthia Hetherington, investigation expert, trainer and founder of Hetherington Group, as she explores techniques and tools for getting the information you need online.
Preventing Bullying and Harassment Through Diversity and Inclusion in the Wor...Case IQ
In a 2019 Monster survey, 90 per cent of employees said they had experienced bullying in the workplace. The Pew Research Center reports that 69 per cent of women say they have been sexually harassed in a professional setting. These numbers point to a serious problem that leaders can’t afford to ignore.
Policies and training are, of course, critical to the prevention of bullying and harassment, but there are other avenues that you may not have considered. Diversity and inclusion have benefits that go far beyond compliance. Not only do companies that embrace diversity and inclusion outperform those that don’t, but understanding, accepting and valuing differences ensures a fairer, more collaborative environment with less conflict.
Join Catherine Mattice-Zundel, president of Civility Partners, a training and consulting firm focused on helping organizations build positive workplace cultures, as she explores strategies for using diversity and inclusion to prevent harassment and bullying.
The webinar will cover:
What constitutes bullying and harassment in the workplace
Best practices for addressing and preventing bullying and harassment
How diversity and inclusion helps to reduce bullying and harassment
How to achieve diversity and inclusion
Case studies of how bullying, inequities and harassment tie together, and how resolving one requires resolving all
Insider Threat: Cases and Controls to Prevent Internal Fraud and PreventionCase IQ
“I never would have imagined”, said the company owner, manager, colleague, or workplace friend. It is hard to reconcile that people would engage in fraudulent behavior in the workplace, let alone the depth of these schemes. Financial misconduct and internal fraud are among the biggest threats to today’s organizations. Without the right controls and prevention measures in place, companies are at financial and reputational risk.
Join financial crime compliance advisory and training specialist Michael Schidlow, as he reviews recent cases of internal fraud, what we can learn from them, and controls that companies can put in place to prevent fraud
7 Ways to Increase Ethical Accountability and Decrease Fraud Risk Case IQ
It’s long been clear that organizations with strong ethical cultures perform better than those without. In addition to the multitude of positive impacts a strong ethical culture provides, these organizations will also typically experience less fraud and misconduct. However, to achieve maximum results, a strong ethical culture must focus on accountability and include robust fraud prevention measures.
Ethical accountability takes time and effort to build, but the rewards of fostering the right culture in an organization are measurable. Fewer fraud incidents, for example, can be demonstrated by hard numbers. A strong code of conduct is a great start, but it’s critical to have a comprehensive ethics program that fosters accountability.
Join Joseph Agins, CFE, CCEP, adjunct professor and fraud expert, as he outlines strategies organizations can use to ensure every employee from the C-Suite down has the tools they need to help them make ethical decisions and prevent fraud.
The webinar will cover:
The importance of tone from the top
Identifying the pressures employees face and thus the ethics and fraud risks
Understanding the resources employees have (or not) to report wrongdoing
Whether the internal imagining of the culture matches the reality
Developing tools and strategies for fostering ethics in the workplace
Anti-fraud measures that should be incorporated into every ethics policy
Encouraging ethics and accountability
The world of search engine optimization (SEO) is buzzing with discussions after Google confirmed that around 2,500 leaked internal documents related to its Search feature are indeed authentic. The revelation has sparked significant concerns within the SEO community. The leaked documents were initially reported by SEO experts Rand Fishkin and Mike King, igniting widespread analysis and discourse. For More Info:- https://news.arihantwebtech.com/search-disrupted-googles-leaked-documents-rock-the-seo-world/
Skye Residences | Extended Stay Residences Near Toronto Airportmarketingjdass
Experience unparalleled EXTENDED STAY and comfort at Skye Residences located just minutes from Toronto Airport. Discover sophisticated accommodations tailored for discerning travelers.
Website Link :
https://skyeresidences.com/
https://skyeresidences.com/about-us/
https://skyeresidences.com/gallery/
https://skyeresidences.com/rooms/
https://skyeresidences.com/near-by-attractions/
https://skyeresidences.com/commute/
https://skyeresidences.com/contact/
https://skyeresidences.com/queen-suite-with-sofa-bed/
https://skyeresidences.com/queen-suite-with-sofa-bed-and-balcony/
https://skyeresidences.com/queen-suite-with-sofa-bed-accessible/
https://skyeresidences.com/2-bedroom-deluxe-queen-suite-with-sofa-bed/
https://skyeresidences.com/2-bedroom-deluxe-king-queen-suite-with-sofa-bed/
https://skyeresidences.com/2-bedroom-deluxe-queen-suite-with-sofa-bed-accessible/
#Skye Residences Etobicoke, #Skye Residences Near Toronto Airport, #Skye Residences Toronto, #Skye Hotel Toronto, #Skye Hotel Near Toronto Airport, #Hotel Near Toronto Airport, #Near Toronto Airport Accommodation, #Suites Near Toronto Airport, #Etobicoke Suites Near Airport, #Hotel Near Toronto Pearson International Airport, #Toronto Airport Suite Rentals, #Pearson Airport Hotel Suites
Improving profitability for small businessBen Wann
In this comprehensive presentation, we will explore strategies and practical tips for enhancing profitability in small businesses. Tailored to meet the unique challenges faced by small enterprises, this session covers various aspects that directly impact the bottom line. Attendees will learn how to optimize operational efficiency, manage expenses, and increase revenue through innovative marketing and customer engagement techniques.
LA HUG - Video Testimonials with Chynna Morgan - June 2024Lital Barkan
Have you ever heard that user-generated content or video testimonials can take your brand to the next level? We will explore how you can effectively use video testimonials to leverage and boost your sales, content strategy, and increase your CRM data.🤯
We will dig deeper into:
1. How to capture video testimonials that convert from your audience 🎥
2. How to leverage your testimonials to boost your sales 💲
3. How you can capture more CRM data to understand your audience better through video testimonials. 📊
RMD24 | Debunking the non-endemic revenue myth Marvin Vacquier Droop | First ...BBPMedia1
Marvin neemt je in deze presentatie mee in de voordelen van non-endemic advertising op retail media netwerken. Hij brengt ook de uitdagingen in beeld die de markt op dit moment heeft op het gebied van retail media voor niet-leveranciers.
Retail media wordt gezien als het nieuwe advertising-medium en ook mediabureaus richten massaal retail media-afdelingen op. Merken die niet in de betreffende winkel liggen staan ook nog niet in de rij om op de retail media netwerken te adverteren. Marvin belicht de uitdagingen die er zijn om echt aansluiting te vinden op die markt van non-endemic advertising.
Affordable Stationery Printing Services in Jaipur | Navpack n PrintNavpack & Print
Looking for professional printing services in Jaipur? Navpack n Print offers high-quality and affordable stationery printing for all your business needs. Stand out with custom stationery designs and fast turnaround times. Contact us today for a quote!
Kseniya Leshchenko: Shared development support service model as the way to ma...Lviv Startup Club
Kseniya Leshchenko: Shared development support service model as the way to make small projects with small budgets profitable for the company (UA)
Kyiv PMDay 2024 Summer
Website – www.pmday.org
Youtube – https://www.youtube.com/startuplviv
FB – https://www.facebook.com/pmdayconference
Business Valuation Principles for EntrepreneursBen Wann
This insightful presentation is designed to equip entrepreneurs with the essential knowledge and tools needed to accurately value their businesses. Understanding business valuation is crucial for making informed decisions, whether you're seeking investment, planning to sell, or simply want to gauge your company's worth.
VAT Registration Outlined In UAE: Benefits and Requirementsuae taxgpt
Vat Registration is a legal obligation for businesses meeting the threshold requirement, helping companies avoid fines and ramifications. Contact now!
https://viralsocialtrends.com/vat-registration-outlined-in-uae/
Cracking the Workplace Discipline Code Main.pptxWorkforce Group
Cultivating and maintaining discipline within teams is a critical differentiator for successful organisations.
Forward-thinking leaders and business managers understand the impact that discipline has on organisational success. A disciplined workforce operates with clarity, focus, and a shared understanding of expectations, ultimately driving better results, optimising productivity, and facilitating seamless collaboration.
Although discipline is not a one-size-fits-all approach, it can help create a work environment that encourages personal growth and accountability rather than solely relying on punitive measures.
In this deck, you will learn the significance of workplace discipline for organisational success. You’ll also learn
• Four (4) workplace discipline methods you should consider
• The best and most practical approach to implementing workplace discipline.
• Three (3) key tips to maintain a disciplined workplace.
Digital Transformation and IT Strategy Toolkit and TemplatesAurelien Domont, MBA
This Digital Transformation and IT Strategy Toolkit was created by ex-McKinsey, Deloitte and BCG Management Consultants, after more than 5,000 hours of work. It is considered the world's best & most comprehensive Digital Transformation and IT Strategy Toolkit. It includes all the Frameworks, Best Practices & Templates required to successfully undertake the Digital Transformation of your organization and define a robust IT Strategy.
Editable Toolkit to help you reuse our content: 700 Powerpoint slides | 35 Excel sheets | 84 minutes of Video training
This PowerPoint presentation is only a small preview of our Toolkits. For more details, visit www.domontconsulting.com
Digital Transformation and IT Strategy Toolkit and Templates
Pregnancy Discrimination: Update and Action Steps for Employers
1. Copyright 2015 Cynthia Thomas Calvert
Pregnancy Discrimination: Update
and Action Steps for Employers
Cynthia Thomas Calvert, President, Workforce 21C
2. Cynthia Thomas Calvert
• Nationally-recognized lawyer, speaker, and author.
• President of Workforce 21C: training and consulting
to help employers
o Advance women
o Prevent discrimination because of family
responsibilities, gender, and pregnancy
o Implement effective flexible work programs, and
o Create inclusive workplace cultures
• Senior Advisor, Family Responsibilities Discrimination,
the Center for WorkLife Law at UC Hastings College
of the Law.
3. Agenda
• Common triggers of pregnancy discrimination complaints
• Pregnancy accommodation requirements
• Light duty
• Leave
• How to investigate and resolve pregnancy discrimination complaints
• Management best practices
• Q & A
4. Pregnancy and Working
The workplace is better today for pregnant women
– More commonplace, so workplaces are better equipped to adapt
– Women are working as far into their pregnancies as they want to
and are able
– Most employers treat pregnant women fairly
– Charges of discrimination filed with the EEOC have decreased
(slightly)
5. Discrimination Remains a Concern
3400 charges filed with EEOC in FY2014
Select verdicts
– $185,873,000 (2014)
– $5,224,273 (2004)
– $3,000,000 (2010)
– $2,812,000 (2009)
– $2,502,165 (2004)
– $2,340,700 (2009)
– $2,134,007 (2007)
Costs of legal defense, business disruption, and damage to reputation
6. Examples of Discrimination
Firing employee because she is pregnant
Demoting pregnant employee, transferring her involuntarily
Taking away her responsibility
Harassing her with comments
Applying rules to her more strictly
Papering her file to justify terminating her
7. More examples
Not promoting pregnant employees
Not giving pregnant employees training and opportunities
Making their jobs harder, hoping they will quit
Putting pregnant employees on medical leave when they do not want it
8. Supervisors Say the Darndest Things
From court decisions issued in past 10 years:
– “You’re getting too big; we have to get you out of here” (forced
out on leave in 5th month; verdict: $435,000 plus fees)
– “You’re pregnant. We can’t hire you” (verdict: $7,280 plus fees)
– Message left by boss on voice mail: “The first time any sign of
that pregnancy shows up, you’re through;” she’d could work
“through the third month and then it’s time to go.” (consent
decree; $15,000)
– "Since you went and got knocked up, you've been nothing but
lazy,“ said to account executive in front of customers. (verdict:
$280,000 plus fees)
9. Why Do They Say This?
Shows that supervisors do not understand
– the business reasons for preventing pregnancy discrimination
– the law
– good management techniques
10. What Is Going On?
Sometimes, supervisors harbor negative feelings toward pregnant
employees
More often, supervisors are trying to do the best they can with
limited resources, and they believe – perhaps unknowingly – that
pregnant employees are not good workers
11. What Is Going On? Bias
We all have biases that affect how we perceive the actions of
the people around us, but we are usually not aware of our
biases
We notice and remember things that are consistent with our
biases
Example: A supervisor who believes pregnant
employees will have poor attendance is likely to notice
and remember a pregnant woman who is home sick for
a day but not a non-pregnant man who stays home for
a day to take care of a remodeling project
12. More Effects of Bias
Bias can affect:
–Assignments and opportunities
–Status, relationships, mentoring
–Evaluations
–Compensation
–Promotion
13. Pregnancy Bias
• Not as competent
• Not as committed
• Not dependable
• Will just quit
14. Benevolent Bias
Benevolent bias
• Trying to do the right thing by giving
easier work or working conditions
• Can derail career
• Don’t assume: Ask!
16. Working While Pregnant
Meet Gina
Gina is experiencing swelling, which has caused carpal tunnel syndrome.
She has asked for breaks from repetitive tasks that use her hands, and for
breaks to use ice packs to reduce the swelling. Her supervisor tells her to
use her regular morning, lunch, and afternoon breaks, and denies her
request to change her duties or extend her breaks.
17. Working While Pregnant
Meet Jessica
Jessica is experiencing severe morning sickness. She has already been
hospitalized once for dehydration, and she still can’t eat. She told her
supervisor that she feels too weak to work, but she has used up all of her
sick days. Her supervisor warned her that, under the attendance policy,
she will be fired if she misses more time.
18. Working While Pregnant
Meet Julia
Julia is five months pregnant with a high risk pregnancy. She needs
assistance lifting patients. Her supervisor denies her assistance and
tells her she has to take FMLA leave if she can’t do her job.
19. Are the supervisors right?
• Each supervisor is trying to treat the pregnant
employees like other employees, and is trying to
maintain regular procedures.
• In the past, they may have been acting lawfully.
• Now, they probably aren’t.
21. Americans with Disabilities Act
• Applies to employers of 15 or more employees
– Smaller employers may be covered by state anti-
discrimination laws
• Definition:
– A disability is a physical or mental impairment that
substantially limits a major life activity.
22. Amendment: Effective Jan. 2009
• The ADA Amendments Act (ADAAA) did not change the
definition, but it changed its interpretation.
• Purpose of amendment:
– Restore expansive scope of statute
– broaden construction of “disability”
– make it easier for employees with disabilities to be
protected by the ADA
23. Effect of Amendments
Shifted the focus from whether the
employee has a disability to whether the
employer has accommodated the
employee
24. Pre-Amendment Pregnancy Conditions
Before the amendments, pregnant women with
pregnancy-related conditions were frequently found not
to have disabilities.
– Pregnancy is temporary, so not substantially limiting
– Pregnancy-related conditions do not involve major life
activities
– Pregnancy-related conditions are covered only in
rare, extreme cases
25. First Change: “Major Life Activity”
• Old: no list of major life activities
– EEOC provided short list
• “functions such as caring for oneself,
performing manual tasks, walking, seeing,
hearing, speaking, breathing, learning, and
working.”
– Supreme Court said activities must be of
“central importance to daily life”
26. First Change (cont.)
• New: ADA has non-exhaustive list of major life
activities:
– “caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping,
walking, standing, lifting, bending, speaking, breathing, learning, reading,
concentrating, thinking, communicating, and working.”
– EEOC added: sitting, reaching, and interacting with others
• AND now “major life activity” includes major bodily
functions
– the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain,
respiratory, circulatory, endocrine, and reproductive functions
– EEOC added: special sense organs, skin, genitourinary, cardiovascular, hemic,
lymphatic, and musculoskeletal functions
27. Second Change: “Substantially Limits”
• Old: Courts held that employee’s ability to engage in a
major life activity had to be severely impacted before the
employee could be deemed to have a disability
• New: “substantially limits” is not a demanding standard,
does not require a severe restriction
– means that the employee is limited in a major life activity as
compared to the general population
28. Example
• Pregnant employee cannot stand for eight hours
because her feet are very swollen, which causes pain
and numbness
• Old: not substantially limited in a major life activity
• Now: limited compared to the general population in
her ability to stand, which is a major life activity.
(Additionally, swelling involves the cardiovascular
system)
29. Third Change: No Duration Requirement
• Old: Disabilities that were short in duration
(usually less than six months) were not
considered within the ADA’s coverage
• New: Temporary conditions may be disabilities
– Duration is a factor, but not a bar
– Exception: impairments that are both transitory and minor may
not be disabilities for “regarded as” claims
30. Back to Gina, Jessica and Julia
Do they have disabilities under the ADA?
• Gina: carpal tunnel is a physical impairment that affects
the MLA of performing manual tasks (could also argue
lifting, reaching, cardiovascular system and
musculoskeletal system), she is limited compared to people
without CTS
• Jessica: severe morning sickness affects eating, etc. Note
that casual morning sickness may not be a disability
• Julia: high risk pregnancy affects reproductive system
31. Duty to Accommodate
• Employers have a duty to provide
reasonable accommodations to
employees with disabilities, unless to do
so would create an undue hardship.
• Failure to accommodate is disability
discrimination under the ADA.
32. Procedure: Trigger
• The employer’s duty to provide a reasonable
accommodation is triggered by
- Employee’s request (no special language needed)
- Obvious need for accommodation
33. Procedure: Interactive Process
• Request triggers duty to engage in interactive
process
• Informal process
– Employee describes what she is having difficulty doing
– Employer and employee explore different options for
making it possible for her to do her job
– Back and forth direct communication is contemplated
– Lack of information is not a defense unless employer
attempts to get information
34. Procedure: Medical Information
• Employers can ask for medical information necessary to
determine whether the employee has a disability.
• Request for information has to be limited to establishing
the disability and the need for an accommodation.
• Tip: JAN (Job Accommodation Network) has a sample
medical information form:
http://askjan.org/media/medical.htm
35. Reasonable Accommodation
• Modification of how, when , where employee works
• Enables the employee to do the essential functions
of her job
• Do not have to remove or change essential
functions (but can)
• Does not have to be the accommodation the
employee prefers
• Employee is to be returned to original position once
accommodation is no longer needed
36. Types of Reasonable Accommodations
• Bathroom breaks
• Breaks for rest or water
• An accessible worksite
• A chair to sit on
• Modification of equipment, test or
training materials, or policies
• Time off for medical appointments
• Job restructuring
37. More Types of Reasonable Accommodations
• Lifting restrictions
- Most common request
- May not be due to a disability
- Look for creative solutions (carts)
• Schedule changes
- Helpful to deal with morning
sickness, fatigue
38. More Types of Reasonable Accommodations
• Light duty
- Do not have to create position (but many
employers do)
- Probably cannot limit it to workers comp
any longer
• Transfer or reassignment
- Reasonable only if no other
accommodations
- Do not have to create position or move
employee already in position
- Employee has to have requisite skills
39. More Types of Reasonable Accommodations
• Work from home
– Probably not required (Ford case; fact specific)
– Many employers allow it
• Leave
– Cannot force employee to take leave
– Reasonable only if no other accommodation
– Can be unpaid after exhaustion of accumulated paid leave
– Lengthy or open-ended leave not reasonable
40. Undue Hardship
“An action requiring significant difficulty or expense,” considering
(1) the nature and cost of the accommodation needed;
(2) The financial resources of the facility or facilities, or the impact
otherwise of such accommodation upon the operation of the facility;
(3) employer’s finances, the number of its employees; the number,
type and location of its facilities; and
(4) the type of operation or operations of the employer
(5) Impact on other employees
Burden on the employer to prove, need cost/benefit analysis
41. Back to Gina, et al.: Accommodations?
Gina wants to take breaks from repetitive tasks and
have breaks to ice her wrists. Both are probably
reasonable; employer could start by offering one
accommodation and see if the second is necessary.
Breaks can be unpaid.
42. Back to Gina, et al.
Jessica told her supervisor she felt too weak to work,
which was a request for an accommodation and the
employer should have started the interactive process.
Allowing her to miss work (leave) may be a reasonable
accommodation, but the employer may want to first see
if there is another accommodation (schedule change,
naps during the day) that would allow her to work. She
may also be eligible for FMLA leave.
43. Back to Gina, et al.
Julia asked for lifting assistance. The supervisor should discuss
alternatives with her (assistive devises, co-worker help, light duty).
Forcing her out on FMLA leave is asking for a lawsuit unless there
are no other options.
45. States With Pregnancy Accommodation Laws
• Alaska
• California
• Connecticut
• Delaware
• Illinois
• Louisiana
45
• Maryland
• Minnesota
• New Jersey
• Texas
• West Virginia
46. Example: California
• It's illegal in California for an employer to refuse
to provide reasonable accommodations to an
employee for a condition related to pregnancy,
childbirth, or related medical conditions.
• Californians can also receive a transfer to a
less strenuous or hazardous position, if the
request is reasonable.
46
47. Local Pregnancy Accommodation Laws
– New York City
– Philadelphia
– Providence, RI/Central Falls, RI
– Washington, DC
48. Example: Philadelphia
• Employers must provide reasonable
accommodations to employees for needs
related to pregnancy, childbirth, or a
related medical condition, so long as such
accommodations will not cause an undue
hardship to the employer.
• Note: no disability required
49. Pregnancy Discrimination Act
• Applies to employers of 15 or more
• Requires employers to treat pregnant
employees the same as other employees who
are similar in their ability or inability to work
• Can treat pregnant employees better, just can’t
treat them worse
50. Young v. UPS (U.S. Supreme Court, 2015)
• Pregnant UPS driver had lifting restrictions. UPS
had policy of accommodating employees with on
the job injuries and other employees, but not
pregnant employees.
• Supreme Court: Plaintiffs can proceed with their
cases if they show that pregnant women are
burdened by the policy and employer’s reasons for
policy are weak. Cost and convenient are not
acceptable reasons.
• Bottom line: Most policies limiting light duty to
on the job injuries are not going to pass muster.
52. The FMLA
The Family and Medical Leave Act allows pregnant
women to take time off for prenatal visits,
pregnancy-related conditions (including morning
sickness), and childbirth/recovery/bonding.
– But: employees must be eligible for leave (work
for an employer with more than 50 employees
at/near the worksite, have worked for employer
for at least 12 months, have worked at least 1250
hours last year (25 hours per week avg.)
– Leave is limited to a total of 12 weeks per year
53. The FMLA (cont.)
• Employees cannot be retaliated against for
requesting or taking leave
• Employees who take leave under the FMLA
have to be reinstated to their same jobs or
substantially equivalent jobs
• Employees have to give at least 30 days’ notice
of need for leave, unless not possible
(unforeseen)
54. The FMLA: Medical Certification
• Employers can request medical certification
• Permitted, not required
• Have to treat pregnant women the same as non-
pregnant
– Don’t ask for doctor’s note when she announces
pregnancy
– Don’t ask for note clearing her to return unless ask of
all employees
55. More about the FMLA
– DC and some states like California allow
“leave stacking” – pregnant women can
use medical leave for their pregnancy-
related illnesses and still have their full
family leave for baby bonding
– If an employee cannot return at the end of
leave for physical or mental conditions that
are disabilities, the ADA may require
additional leave
57. The Big Picture
• War for talent is common concern among employers
• Employers invest a lot in recruiting, training employees
• Objective: Retention
• Cheaper to keep good employees
• Maintains productivity
• Sustains customer relationships
• Maintains engagement, morale, collegiality
58. Retaining Pregnant Employees
Most employers accommodate pregnant
employees
– Keeps them working and productive
– Cheaper than replacing them
– Reduces likelihood they will quit
– Sends positive messages to other employees
– Reduces likelihood of lawsuits
59. But What About the Slackers?
How should employers handle lazy pregnant
employees who just try to get out of work?
• Improve your managers’ skills
– Better hiring to screen out underperformers
– Better communication about expectations and
goals
– Better evaluations to help underperformers
improve or move on
60. More on Bias
• Test your perception of laziness:
– What are the specific behaviors that you are
observing?
– Are other employees behaving the same and
you are ignoring it? Example:
• Paul is tired and appears to be working at half-speed. You know it is
because he is spending his evenings building a deck on his house, and you
cut him some slack.
• Patrice is tired and appears to be working at half-speed. You assume it is
because she is pregnant, and you are ticked off by her laziness.
61. Prevent Discrimination: A Few Don’ts
• Don’t assume a pregnant employee is not committed to
her job
– She is showing up and doing her best under trying
circumstances
• Don’t assume a pregnant employee won’t return after
leave
– Self-fulfilling prophecy
• Don’t make comments about her body, joke about
pregnancy, ask personal questions, touch her stomach
62. Apply Rules Consistently
• Don’t apply rules more harshly to pregnant
employees. Example:
– Supervisor Sal watches the clock to make sure
Pregnant Pam arrives on time, but doesn’t track
arrival times for other employees.
– Supervisor Sal writes up Pregnant Pam for not
meeting her quota, but gives other employees
who miss their quota a second chance.
63. Prevent Discrimination: Training
• Training for HR
• Training for Supervisors
• Topics:
– What is FRD?
– Legal bases for liability
– How it arises (bias, demographics)
– Common assumptions about caregivers
– Business case for retaining caregivers
– Company policies
– Techniques for reducing influence of bias in decisions
64. Prevent FRD: HR Oversight
Be vigilant after a triggering event
–Review supervisors’ decisions after
pregnancy announcement or after
employee returns from a
pregnancy/maternity leave or asks for
flexible schedule
–Review decisions of new supervisors
65. Review Policies
Review policies to see if they might negatively impact
pregnant employees
– If company is in jurisdiction with family responsibilities
law or more generous leave, reflect in policies
– Attendance: absence due to disability or covered by
FMLA does not count against policy
– Have leave without pay policy for pregnant
employees who are not covered by FMLA
66. Policies, cont.
• Evaluations: have policy of oversight by HR
before delivering review
• Promotions: have policy to post and advertise
• Benefits: ensure use of sick time and vacation
time is consistent between pregnant and
nonpregnant employees
67. Handling Long Maternity Leaves
Maternity leave is like other leaves employees take, except you get
advanced notice and time to plan for it.
Almost every employee will be a caregiver at some point in his or her
career, and almost everyone will take an extended leave for own
health or family
68. Handling Long Maternity Leaves (cont.)
Create a coverage plan
– Know how every employee’s work will be
covered if he/she is out for several weeks
– Alternatives to just dumping work on co-
workers:
• Contract or temp employees
• Cross-train under-utilized employees
• Disaggregate duties and decide which can be left undone, outsourced,
automated, or done by others
• Do NOT ask new mother to work while on leave
69. Handling Long Maternity Leaves (cont.)
Consider having a gradual return to work policy
– Allows employees to work part-time after a
parental leave and gradually return to full-time
– Gets employees back in the door sooner
– FMLA allows maternity leave to be taken on a
part-time basis if the employer consents
71. Complaint or Tip-Off
HR receives complaint or observes a “tip off”
that bias may be influencing decisions
–Suddenly negative evaluations
–Recent goal increases
–Uneven application of rules or discipline
–Demotion or transfer
72. Evidence: What is Relevant?
• Employee’s performance
– Look for objective measures not influenced by bias
(quotas, evaluations by third parties unaware of caregiver
status)
– Look at performance over time
• How others have been treated
– Look for consistent application of rules, discipline
– Look for how other caregivers have been treated by same
supervisors
73. More Relevant Evidence
• Supervisors involved
– Same supervisor who treated this and other employees fairly during
pregnancy reduces likelihood of liability
• Comments made
– Make record of specific allegation
– Look for witnesses
• Timeline of performance and pregnancy
– Performance issues before pregnancy reduce likelihood of liability
– Lengthy time between pregnancy announcement and alleged
discrimination reduces likelihood of liability
74. More Relevant Evidence
• Demographics of department
– Proven pattern of advancing mothers, caregivers who
have taken leave, etc. reduces likelihood of liability
• Employee’s notice of employer policies
– Showing that employee knew of attendance policy,
FMLA leave procedures, call-in requirements, etc.
can reduce liability
75. Concluding the Investigation
• Purpose: bring issue to an end, create
sound basis for deciding course of action
• Summarize the evidence
– Witness statements, credibility
– Documents, source
• Know the elements of the legal claims
at issue
– For each element, assess the evidence
76. Concluding the Investigation
• Weigh the options
– No action, counseling, discipline, removal
• Communicate resolution to complainant
77. Positioning Your Company
• Do a fair, documented investigation
• Avoid retaliation
• Educate the supervisor about how to better manage
• Meet with your company’s lawyer
• Offer reinstatement
• Do not oppose unemployment
• Accurately assess the value of the claim
• Settle claims with employees
79. Thank you for participating
If you have any questions, please feel free
to email them to:
Cynthia Thomas Calvert, President, Workforce 21C
CynthiaCalvert@CynthiaCalvert.com
www.workforce21c.com
Joe Gerard, Vice President Marketing and Sales, i-Sight
j.gerard@i-sight.com