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Properly Handling Employee Discrimination Claims - Webinar

  • ID: 4437477
  • Webinar
  • 90 Minutes
  • Lorman Business Center, Inc.
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Take the appropriate steps to handle employee discrimination claims and protect your company from legal issues.

Responding to employee complaints of discrimination is one of the most challenging duties of an HR professional. Effective investigations and appropriate remediation encourage compliant behavior, limit employer liability, and mitigate damages in civil actions. Poorly handled investigations impose serious and sometimes irrevocable legal consequences on employers, alienate employees that believe they have been subjected to questionable employment practices, and discourage others from bringing complaints. This will help those responsible for responding to employee complaints establish appropriate investigation procedures and prepare investigative reports. It also explains best practices and common pitfalls that arise before, during, and after the investigation of employee complaints of discrimination.

Learning Objectives
  • You will be able to discuss the best practices for conducting effective and fair investigations of employee complaints.
  • You will be able to describe the contents of an objective investigation report.
  • You will be able to explain the application of the attorney client privilege and the work product doctrine to workplace investigations.
  • You will be able to recognize and avoid common pitfalls during the investigation process.
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Introduction and Benefits of Effective Investigations
  • Creates a Culture of Compliance
  • Increases Employee Morale
  • Encourages Employees to Feel Comfortable Bringing Complaints
  • Reduces Civil Litigation/Damages (Faragher/Ellerth)
Preventative Measures Before the Investigation
  • Establish Procedures and Policies for the Receipt of Employee Complaints
  • Draft Written Guidelines for Investigations
  • Train HR Employees, Supervisors, and Other Employees That Receive Employee Complaints
Investigation of Complaint
  • Act Promptly
  • Report to Appropriate Company Authorities
  • Understand How the Attorney-Client Privilege and the Work Product Doctrine Apply to the Investigation
  • Do Not Guarantee Confidentiality
  • Document Witness Interviews and Collect Relevant Documents
  • Reaffirm Retaliation and Whistle-Blower Protections
  • Defamation and Privacy Concerns
Drafting the Investigative Report
  • Objectively State the Facts of the Case
  • Avoid Legal Conclusions, Personal Opinions, and Recommendations
Remedial Measures After the Investigation
  • Take Appropriate Remedial Action
  • Follow up With the Complainant and Other Parties
  • Establish Safeguards Against Retaliation
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Colin Barnacle Akerman LLP
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This webinar is designed for human resource managers, payroll and benefits professionals, employee relations managers, business owners and managers, presidents, vice presidents, accountants and attorneys.
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