Properly Handling Employee Discrimination Claims

On Demand Webinar Credits CLE, HR Certification Institute, NASBA, SHRM

February 16 at 1:00 - 2:30 pm EST

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.
Agenda
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
Who should attend?

This live webinar is designed for human resource managers, payroll and benefits professionals, employee relations managers, business owners and managers, presidents, vice presidents and attorneys.

In Partnership With Lorman Business Center, LLC


Your Instructor


Colin Barnacle
Colin Barnacle
  • Partner in Denver office of Nelson Mullins Riley & Scarborough LLP
  • Practice emphasizes all aspects of labor and employment, with particular emphasis on EEOC and OFCCP class action litigation and systemic discrimination investigations
  • Conducts regular seminars and workshops on numerous key labor and employment areas including, but not limited to, EEOC and OFCCP defense, affirmative action compliance, conducting workplace investigations, and FLSA and ADA/FMLA compliance
  • Wrote several publications related to the areas of the EEOC and OFCCP’s systemic discrimination initiatives and FLSA/wage and hour collective and class actions
  • Former in-house head of International Labor & Employment compliance at The WhiteWave Foods Company and The Gates Corporation
  • J.D. degree, University of Denver Sturm College of Law; B.A. degree in political science, Amherst College

Credits

OnDemand Course

This course was last revised on January 24, 2018.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Live Webinar Registration

  • AL CLE 1.5
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours credit.
  • AR CLE 1.5
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
  • Arizona CLE 1.5
  • The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
  • CA MCLE 1.5
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
  • CT CLE 1.5
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.5 CLE credit(s).
  • HI CLE 1.5
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours.
  • IL CLE 1.5
  • This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
  • ME CLE 1.5
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.5 hours of CLE credit under M. Bar R. 12.
  • NH MCLE 1.5
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 90 Minutes.
  • NJ CLE 1.8
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit.
  • PA CLE 1.5
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
  • RI CLE 1.5
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
  • VT CLE 1.5
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hours of CLE credit.
  • WA CLE 1.5
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of Law & Legal Procedure credit.
  • WI CLE 1.5
  • This program has been approved by the Board of Bar Examiners for 1.5 hours for use toward the Wisconsin Mandatory CLE requirement.
  • WV MCLE 1.8
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
  • HRCI Approved ProviderHR Certification Institute 1.5
  • This program has been approved for 1.5 (General) recertification credit hours toward aPHR(TM), aPHRi(TM), PHR®, PHRca®, SPHR®, GPHR®, PHRi(TM) and SPHRi(TM)recertification through HR Certification Institute® (HRCI®). For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org.
  • SHRM-CP/SHRM-SCP Preferred ProviderSHRM 1.5
  • Lorman Education Services is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.5 PDC(s) for the SHRM-CP or SHRM-SCP. For more information about certification or recertification, please visit www.shrmcertification.org.
  • National Registry of CPE SponsorsCPE 1.8 including Personnel/HR 1.8
  • Lorman Education Services is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its web site: https://www.nasbaregistry.org/cpas/complaints. CPE Credit: Maximum Credit Hours: 1.8 each session (based on a 50 minute credit hour). You must attend at least 50 minutes to obtain credit. Field of Study: Personnel/HR for 1.8 hours. Prerequisite: basic knowledge of employment laws. Level of Knowledge: Intermediate. Teaching Method: Seminar/Lecture. Advance Preparation: None. Delivery Method: Group Internet Based. Please refer to the information in this brochure for outline, course content and objectives. Upon completion of this course, you will receive a certificate of attendance. Final approval of a course for CPE credit belongs with each state's regulatory board. Please note: In order to receive CPE credit for this course you MUST use the streaming audio option, as well as enable and complete the required progress checks.

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