Strategies to Prevent and Avoid Discrimination in the Workplace

Stephen E. Baumann, II

Holland & Knight LLP

• Equity Partner at Holland & Knight LLP
• Provides nationwide, risk-adjusted advice to employers of all sizes, from small startups to Fortune 500 companies
• Has a robust litigation practice in federal and state courts nationwide, as well as administrative proceedings, including complex litigation involving labor relations issues, trade secret matters, and matters involving claims of retaliation, wrongful discharge in violation of public policy, and unlawful restrictions on employee speech
• Advises employers on employment policies, protection of trade secrets, and restrictive covenant agreements in a constantly evolving legal landscape
• Trains employers on how to effectively manage and remain union-free or, if unionized, manage their union-represented workplaces
• Regularly advises employers on the legal boundaries of employee speech, including protected concerted activity under the NLRA, political expression, off-duty conduct, and social media use, helping clients of various sizes and industries navigate complex and evolving legal standards before disputes arise
• Drafts and reviews workplace policies — including social media policies, codes of conduct, nondisparagement provisions, and confidentiality agreements — to ensure compliance with federal and state laws governing employee expression
• Published ‘You’ve Got a ‘Friend’: Social Media’s Influence on Employee Rights’ in For the Defense
• Presented ‘Protected Union-Related Speech and Concerted Activities: Walking the Increasingly Fine Line of ‘Free Speech’ in the Workplace’ for Lorman Education Services
• Presented ‘Update Your Status: Current Legal Risks Related to Social Media in the Workplace’ at the Mile High SHRM Emerging Leaders Conference
• Published ‘New Labor Protections for Thousands of Public Workers in Colorado Take Effect in July’ in Law Week Colorado
• Recognized in The Best Lawyers in America guide, Employment Law – Management, Litigation – Labor and Employment; The Best Lawyers in America guide, Ones to Watch, Employment Law – Management, Litigation – Labor and Employment; and Stand-out Lawyer, Thomas Reuters; among other recognitions
• Can be contacted at [email protected] or 1-303-974-6563

Hannah Fitzgerald

Holland & Knight LLP

Hannah J. Fitzgerald

• Associate at Holland & Knight LLP
• Represents and advises employers in labor relations disputes, including before the NLRB, in collective bargaining, in arbitration, and in federal and state court
• Regularly represents and advises employers in trade secret matters, including drafting agreements, issuing cease and desist letters, and representation in federal and state court litigation and arbitration
• Provides various workplace trainings for management, including labor relations training
• Drafts and revises various agreements that arise in the employment life cycle, including employment agreements with restrictive covenants and separation agreements with confidentiality and nondisparagement provisions
• Drafts and revises employment policies, including social media policies, confidentiality agreements, nondisparagement provisions, and other workplace policies to align with current NLRB guidance and other federal and state law requirements
• Advises employers on employee speech and expression issues, including social media activity, political speech, and off-duty conduct, and assists in evaluating whether employer responses comply with applicable federal and state protections
• Can be contacted at [email protected] or 1-303-974-6540