7_Employmentpractices

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Employment Practices Liability

Christine R. Stevens, PHR GBA

Director, Human Resources Services

VML Insurance Programs


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Content Disclaimer

The information provided in this presentation is being provided by ahuman resource professional and not by an attorney licensed topractice law in Virginia, nor has it been reviewed by an attorney.

While this presentation provides information on federal employmentlaw, it is not a substitute for legal advice. Therefore, prior to takingany type of employment action, it is strongly recommended that youcontact your local government attorney and/or an employmentattorney. It is the responsibility of each local government entity to

keep current with changes in applicable rules and regulations.


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Many Hats of HR

Hiring

Terminations

Promotions Pay Issues

ADA

FMLA Harassment

Job Descriptions

PerformanceAppraisals

Corrective Action

Record Keeping

Training Military Leave


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HRImportance

Employees = your mostimportant

business ASSETS

Employees = possibility ofemployment claims EXPENSES


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Employment Claims

6 Year span 2002-2008

237/162 Claims $4.3 million total

$26,565 average


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$$$$$ Paid Out

$601,478 13 claims

$376,011 5 claims $290,178 1 of those five *

$264,684 5 claims

$123,754 3 claims

$114,103 2 claims

$193,196 1 claim


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One Claimant in

One Entity


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One Claimant

2002

$290,178 Discrimination& Retaliation

$11,038 - Retaliation

2004

$725 - Wrongful Termination $65,094 - Constructive Discharge

$367,035 TOTAL!!


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EEOC

Every year, the EEOC secures hundredsof millions of dollars in relief for victims

Of employment discrimination.


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Common EEOC

Charges Retaliation Charges

($290,178) Discrimination Charges

Age, Race, Employment Practices

Harassment Charges Sexual, Threatening

Wrongful Termination

Remember at will


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EEOC for the

Employee Filing a claim is easy!

Complete Instructions

Abundant Examples written for you!


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EEOC

But you can sayThe EEOC is my Friend!


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EEOC

My actions were legal andnon-discriminatory and I can

prove it!


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EEOC & the Employer

Iron clad policies & procedures!

Consistent application! Fair & Equitable treatment!

Top Notch Documentation!


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HR Basics - Handbook

Employee Handbook of Policies

HAVE A GOOD ONE!


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HR Basics - Handbook

At- Will Statement

Time Off & Pay Policies Progressive Discipline

Grievance Process

Law Enforcement, Fire, EMT

Signed Acknowledgment


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HR Basics - Laws

Employment Laws

Title VII FMLA

ADAChanges coming 2009

FLSA Exempt vs non-Exempt


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HR Basics - Training

All Employees

1. Sexual Harassment

2. Workplace Diversity

3. Workplace Violence Prevention


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HR Basics - Training

Supervisors/Managers

Diversity

Sexual Harassment

FMLA

Performance Feedback

Interviewing & Hiring Skills


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Solutions -HR Services

Online University

Employment Helpline

HR Library of Materials

Web Seminars

Sample Policies/Procedures New Supervisor Training

Consultations


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Online University

Economical

GREEN

Easy to Use

Available 24/7


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Online University

Courses for Supervisors & GeneralEmployees

Three courses for annual training (30minutes)

Sexual Harassment

Workplace Diversity Workplace Violence Prevention


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Employer Helpline

Toll-free Employer HELPLINE:CALL the Employment Attorneys from 9am to 5pm Monday through Friday toll-free at 1-866-960-3600 or, just click the Ask aQuestion button and send your questions in via e-mail. Response time on all questions will be no later than the end of thenext business day.

Americans with Disabilities Act (ADA)

Affirmative Action PlansAge Discrimination (ADEA)Background & Employment ScreeningBenefit Continuation (COBRA)CompensationDisability Claims & IssuesDiscriminationDrug TestingEmployee HandbooksEmployee TurnoverExempt/Non-Exempt Issues (Overtime)Facility ClosureFamily and Medical Leave laws (FMLA)Fraud/Theft/ShrinkageGender IssuesGeneral HarassmentHiring PracticesImmigration Laws and IssuesInterviewingLayoffsManagement & Employee Development

Marital StatusMilitary Leave (USERRA)

National Origin & Language Issues

PayrollPerformance ManagementPersonnel Files (Content & Handling)Physical Appearance IssuesPre-Employment Behavioral & Skill TestingPregnancyPrivacy of Documentation (HIPAA Issues)Progressive Discipline SituationsRacial IssuesRecognition ProgramsRegulatory Compliance (State & Federal)Religious IssuesRetaliationSafety Procedures & PracticesSexual HarassmentSexual Preference & Orientation IssuesTermination & DischargeTrainingUnemployment CompensationUnion Relations General InquiriesWage/Hour (Federal) Fair Labor & Standards Act (FLSA)

Wage/Hour (State)Workers CompensationWorkplace Violence
https://www.hrhelpline.com/affiliations/websitequestion.asphttps://www.hrhelpline.com/affiliations/websitequestion.asphttps://www.hrhelpline.com/affiliations/websitequestion.asphttps://www.hrhelpline.com/affiliations/websitequestion.asp


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Employer Helpline

452 Total Questions

Age/ADE - 83 Gender - 52

FMLA 49

Discrimination - 33


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HR Resources Library

DVDs most under 30 minutes

Individual & Group Training

Tests and Handouts

Books

Most short in Length Variety of Topics


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Web Seminars

GREEN Meetings!

Supervisors and Managers

Convenient No Travel

No Cost

HRCI Approved for Credit

Wide Variety of Topics


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Web Seminars

The Termination Process

Progressive Discipline

Performance Appraisals Hiring Legally

Interviewing Skills

Document, Document, Document Writing Job Descriptions

Interactions of FMLA, ADA & W/C


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Sample Materials

Personnel Manual (Handbook)

Policies & Procedures (over 40)

Performance Appraisals & More


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Sample Materials


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New Supervisor Training

Basic skills to mitigate liability

Web Seminars Meet GREEN!

Reference Materials provided

In person for larger audiences


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New Supervisor Training

Employment Laws

ADA, FLSA, FMLA, Sexual Harassment

Time Management

Documentation

Performance Management Corrective Action & Terminations

Interviewing & Hiring


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HR Consultations

Phone

In Person

Research

Review

HR Audit


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Questions?

Thank you!

[email protected]

7_Employmentpractices

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