The document discusses the increasing prevalence of discrimination lawsuits in workplaces, particularly in Pennsylvania, and outlines the types of discrimination claims employees may file. It emphasizes the importance of proper policies, training, and documentation to prevent such claims, as well as the legal frameworks governing discrimination, retaliation, and harassment. Additionally, it offers practical advice on how companies can protect themselves from litigation and manage workplace issues effectively.

2. General practice firm located in Center Valley, Pennsylvania HR Areas of Practice Employment Labor Information Privacy/Information Access Public Employers/Schools Unemployment Compensation Social Media and Healthcare Attorneys admitted in Pennsylvania, New York, and New Jersey From outsourcing HR work, training, negotiations, agency, contract drafting and defense, to litigation

3. In the past five years, discrimination lawsuits skyrocketed. Whether due to: Economy, Workforce reductions, and/or Internet accessibility The EEOC has reported an eruption in filings. Companies are being sued for all types of discrimination, retaliation, and wrongful termination actions.

4. WHAT - What is a discrimination claim? WHY - Why do so many people bring discrimination claims? WHEN - When do you prevent discrimination claims? WHERE - Where can you bolster your workplace from litigation? AND HOW …. How do you create proper policies and procedures, training, and documentation to protect your company and yourself; How to work with governmental agencies, not against them; and How to handle employment litigation.

5. Federal and state discrimination laws forbid an employer to fail or refuse to hire or to discharge or discriminate against any individual with respect to compensation, terms , conditions or privileges of employment, on the basis of: Age Race Religion Veteran Status Gender Ethnicity Disability Pregnancy Health Insurance Usage Genetic Disposition Workers’ Compensation usage And others…..

6. Harassment The severe and pervasive and altering in the conditions of a victim’s employment. An employer is negligent if it knew, or should have known, and failed to stop it. Discrimination The treatment of, or making a distinction in favor or against a person based on a group, class, or category. The effect of some rule or practice that confers or denies privileges to a certain class because of inclusion in that particular class. Retaliation The punishment of an employee for engaging in a protected activity, such as filing a discrimination charge or opposing unlawful employer practices.

7. The filing of a claim or charge with the appropriate federal or state agency for violation of a state and/or federal law. In Pennsylvania, it is the Equal Employment Opportunity Commission (EEOC) and/or Pennsylvania Human Relations Commission (PHRC). The EEOC and PHRC can decide: To settle a case; To order a resolution; To give an employee a Right to Sue Letter, meaning that they are dismissing the case; or To take the case themselves and step into the shoes of the Plaintiff.

8. FY 2006 FY 2007 FY 2008 FY 2009 FY 2010 Total Charges 75,768 82,792 95,402 93,277 99,922 Race 27,238 30,510 33,937 33,579 35,890 35.9% 37.0% 35.6% 36.0% 35.9% Sex 23,247 24,826 28,372 28,028 29,029 30.7% 30.1% 29.7% 30.0% 29.1% National Origin 8,327 9,396 10,601 11,134 11,304 11.0% 11.4% 11.1% 11.9% 11.3% Religion 2,541 2,880 3,273 3,386 3,790 3.4% 3.5% 3.4% 3.6% 3.8% Retaliation 22,555 26,663 32,690 33,613 36,258 29.8% 32.3% 34.3% 36.0% 36.3% Age 16,548 19,103 24,582 22,778 23,264 21.8% 23.2% 25.8% 24.4% 23.3% Disability 15,575 17,734 19,453 21,451 25,165 20.6% 21.4% 20.4% 23.0% 25.2%

9. Discrimination is one of the few exceptions to at-will employment. Some cases are genuine; some are not. Fact-by-fact analysis is necessary, i.e.: Age -- age discrimination versus getting rid of the most expensive employee Disability -- disability versus absence; psychic disabilities versus “you think I’m crazy” Race -- racism versus having an educational degree Gender -- sexual harassment versus a bad romantic break-up with a boss Realize that these cases generally come down to the facts, even if you should win under the law!

10. QUIZ: WHEN DO YOU START PREVENTING CLAIMS? ANSWER: DAY ONE WHERE: 10. Policies 9. Practices 8. Consistency 7. Training 6. Complaint Process 5. In the Workplace and Off-duty Conduct 4. Self-Audit 3. Unemployment Compensation 2. The Donut of Middle Management 1. Document, Document, Document

11. A real handbook – it’s your gateway to defense Consider what is actually needed Get good advice up front so that you don’t pay later on Watch out for violations in your language Keep it up to date Include social media/internet policies

12. Corresponding P&P No “pimp my ride” version of practices Timeliness Always work-related Directions should make sense Employee engagement issues Non-monetary awards

13. Same or similar for everyone If deviating, make sure WHY Past practice considerations Timeliness Past practice considerations Always work-related Be genuine about both praise and improvement

14. Train your employees Train middle management separately Topics: EEO Sexual harassment Accommodation Acceptable Use/Social Media Fielding complaints An ounce of prevention….

15. Is there one? Ask the questions Alternate means of complaint Entrance and Exit Interviews Written forms

16. Remote Access Flex-time Social Media – comments on Facebook/LinkedIn/Blogs Code of Conduct policies + other policies No expectation of privacy

17. Every opportunity Losses as a chance to improve Decide when to fight, when NOT to fight Be honest about when you screw up Fix what’s wrong

18. This is the gateway to litigation: use strategy, not emotion They follow rules of evidence, can take days, not minutes Policies and documents, using Facebook pages Decide when to fight, when NOT to fight You cannot win or lose them all

19. Promotions from below Problem with friends first Problems with nonassertive management Training Good, bad and indifferent Documents

20. Everything should be written down Medical records versus personnel files Internet pages versus written documents Avoid unhelpful scribbles The Judge’s perspective Memos to files

21. In rare instances, it becomes evident that the Aggrieved has filed a claim of harassment for the sole purpose on harming the Accused. Where an individual knowingly and intentionally offers false information or makes a false accusation, the roles will reverse, and the Accuser will be deemed to have harassed the Accused. In that case, the Accuser will be subject to discipline, up to and including termination, and a copy of the documentation will be placed in his/her personnel file. This policy does not apply where a good faith claim is made but cannot be fully substantiated or proven; this only applies where it becomes evident that the Complainant has deliberately made a deceptive claim. RESOLUTION