Employment Practices Liability

Christine R. Stevens, PHR GBA Director, Human Resources Services VML Insurance Programs

Content Disclaimer
The information provided in this presentation is being provided by a human resource professional and not by an attorney licensed to practice law in Virginia, nor has it been reviewed by an attorney. While this presentation provides information on federal employment law, it is not a substitute for legal advice. Therefore, prior to taking any type of employment action, it is strongly recommended that you contact your local government attorney and/or an employment attorney. It is the responsibility of each local government entity to keep current with changes in applicable rules and regulations.

Many Hats of HR
Hiring Terminations Promotions Pay Issues ADA FMLA Harassment Job Descriptions Performance Appraisals Corrective Action Record Keeping Training Military Leave

HR Importance
Employees = your most important business ASSETS
Employees = possibility of employment claims EXPENSES

Employment Claims
6 Year span 2002-2008 237/162 Claims $4.3 million total $26,565 average

$$$$$ 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

One Claimant in One Entity

One Claimant
2002

$290,178 Discrimination& Retaliation* $11,038 - Retaliation

2004
$725 - Wrongful Termination $65,094 - Constructive Discharge

$367,035 TOTAL!!

EEOC

Every year, the EEOC secures hundreds of millions of dollars in relief for victims Of employment discrimination.

Common EEOC Charges

Retaliation Charges
($290,178)

Discrimination Charges
Age, Race, Employment Practices

Harassment Charges
Sexual, Threatening

Wrongful Termination
Remember at will

EEOC for the Employee

Filing a claim is easy!

Complete Instructions
Abundant Examples written for you!

EEOC
But you can say The EEOC is my Friend!

EEOC
My actions were legal and non-discriminatory and I can prove it!

EEOC & the Employer

Iron clad policies & procedures! Consistent application! Fair & Equitable treatment! Top Notch Documentation!

HR Basics - Handbook
Employee Handbook of Policies
HAVE A GOOD ONE!

HR Basics - Handbook
At- Will Statement Time Off & Pay Policies Progressive Discipline Grievance Process
Law Enforcement, Fire, EMT

Signed Acknowledgment

HR Basics - Laws
Employment Laws
Title VII FMLA ADA Changes coming 2009 FLSA Exempt vs non-Exempt

HR Basics - Training
All Employees
1. Sexual Harassment 2. Workplace Diversity 3. Workplace Violence Prevention

HR Basics - Training
Supervisors/Managers
Diversity Sexual Harassment FMLA Performance Feedback Interviewing & Hiring Skills

Solutions HR Services
Online University Employment Helpline HR Library of Materials Web Seminars Sample Policies/Procedures New Supervisor Training Consultations

Online University
Economical

GREEN
Easy to Use Available 24/7

Online University
Courses for Supervisors & General Employees Three courses for annual training (30 minutes)
Sexual Harassment Workplace Diversity Workplace Violence Prevention

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 a Question button and send your questions in via e-mail. Response time on all questions will be no later than the end of the next business day.
Americans with Disabilities Act (ADA) Affirmative Action Plans Age Discrimination (ADEA) Background & Employment Screening Benefit Continuation (COBRA) Compensation Disability Claims & Issues Discrimination Drug Testing Employee Handbooks Employee Turnover Exempt/Non-Exempt Issues (Overtime) Facility Closure Family and Medical Leave laws (FMLA) Fraud/Theft/Shrinkage Gender Issues General Harassment Hiring Practices Immigration Laws and Issues Interviewing Layoffs Management & Employee Development Marital Status Military Leave (USERRA) National Origin & Language Issues Payroll Performance Management Personnel Files (Content & Handling) Physical Appearance Issues Pre-Employment Behavioral & Skill Testing Pregnancy Privacy of Documentation (HIPAA Issues) Progressive Discipline Situations Racial Issues Recognition Programs Regulatory Compliance (State & Federal) Religious Issues Retaliation Safety Procedures & Practices Sexual Harassment Sexual Preference & Orientation Issues Termination & Discharge Training Unemployment Compensation Union Relations General Inquiries Wage/Hour (Federal) Fair Labor & Standards Act (FLSA) Wage/Hour (State) Workers Compensation Workplace Violence

Employer Helpline
452 Total Questions Age/ADE - 83 Gender - 52 FMLA 49 Discrimination - 33

HR Resources Library
DVDs most under 30 minutes
Individual & Group Training Tests and Handouts

Books
Most short in Length Variety of Topics

Web Seminars
GREEN Meetings! Supervisors and Managers Convenient No Travel No Cost HRCI Approved for Credit Wide Variety of Topics

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

Sample Materials
Personnel Manual (Handbook)

Policies & Procedures (over 40)

Performance Appraisals & More

Sample Materials

New Supervisor Training

Basic skills to mitigate liability Web Seminars Meet GREEN! Reference Materials provided In person for larger audiences

New Supervisor Training

Employment Laws
ADA, FLSA, FMLA, Sexual Harassment

Time Management Documentation Performance Management Corrective Action & Terminations Interviewing & Hiring

HR Consultations
Phone In Person Research Review HR Audit

Questions?

Thank you! tstevens@vmlins.org