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Properly Handling Employee Discrimination Claims

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.

Runtime: 85 minutes
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

This course was last revised on January 24, 2018.

Call 1-866-352-9540 for further credit information.

  • SHRM 1.25
     
  • 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 1.25 PDC(s) for the SHRM-CP or SHRM-SCP. For more information about certification or recertification, please visit www.shrmcertification.org.
     

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

Audio & Reference Manual

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • GA CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

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

MP3 Download

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

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

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More Program Information

Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Colin Barnacle

Colin Barnacle

Akerman LLP

  • Partner in the Denver office of Akerman 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 OFCCPs 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
  • Can be contacted at 303-260-7712 or [email protected]
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 401410
Published 2018
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