Employers must carefully manage employees who have filed workplace harassment and discrimination claims. In this practical webinar, you will review the various challenges presented when an employee has instituted a legal proceeding against his or her employer alleging discrimination, harassment, retaliation, or some other employment claim protected by law. You will learn about the greatest risk faced by employers in such situations: creating a credible claim for retaliation. Often, an employer’s response may transform a frivolous claim of discrimination into a valid claim for retaliation.
Upon course completion, you will be able to describe:
- The legal framework for retaliation claims, including federal case law developments
- The inherent risks of disciplining an employee who has engaged in protected activity
- The limits of the protected status conferred upon employees who oppose workplace policies and practices or engage in other forms of protected activity
- Discipline and discharge of employees who have engaged in protected activity when they violate company policies or fail to perform
- Best practices for day-to-day supervision: coaching supervisors and managers on dealing with employees during the pendency of their claims
- How to document effectively any discipline imposed upon an employee who has engaged in protected activity, including the importance of preserving the chronological sequence of decisions to impose disciplinary action
- How to deal with employees who occupy sensitive positions, such as in-house legal staff, human resources directors, chief financial officers, and corporate vice presidents. May they be transferred to other less sensitive positions, excluded from managerial meetings, or have their access to confidential and sensitive information limited?
- Effective responses to claims filed by employees who seek to preserve their job and avoid disciplinary action
- Preventing self-help discovery by an incumbent employee
- Factors to consider when termination is the only realistic option