Learn how to review your policies and procedures to ensure that they are compliant and on point with the legal trends.
In an ever-changing world it is difficult to keep up with the increasingly complex intersection of labor and employment laws. It is particularly difficult when you are trying to balance retaliation legislation with disciplinary issues and terminations. This topic will give you a better understanding of the basis for retaliation claims and the analysis that you need to go through in order to mitigate and prevent liability when effectuating discipline and terminations. This information is essential for human resource professionals, supervisors and business owners.
Learning Objectives
- You will be able to define and understand protected activity and retaliatory conduct.
- You will be able to identify retaliation and watch for retaliatory conduct.
- You will be able to recognize potential damages of employee retaliation claims.
- You will be able to review your policies and procedures to ensure that they are compliant and on point with the legal trends.
Agenda
What Is Protected Activity? (Common Scenarios Identified)
- Initiating or Participating in an Internal Workplace Complaint of Harassment or Discrimination
- Filing a Claim of Discrimination With a Local, State or Federal Civil Rights Agency
- Requesting an Accommodation for a Medical Condition or Disability
- Filing or Reporting a Workers’ Compensation Claim Following a Work-Related Injury
- Engaging in Union Organizing Activity or Complained About Workplace Terms and Conditions on Behalf of Co-Workers
- Requesting a Pregnancy Leave of Absence
- Requesting Leave Under the Family and Medical Leave Act or Other State Law Leave Entitlements
- Filing a Safety-Related Complaint With the Occupational Safety and Health Administration
- Filing a Whistle-Blower’s Claim Alleging That the Employer Engaged in Illegal Conduct
- Complaining of Wage and Hour Issues, Including Filing an FLSA Wage Claim
Adverse Action/Retaliatory Conduct
- National Case Law Developments Identifying What Is and What Is Not Retaliatory Conduct
- National Statutory Developments Identifying What Is and What Is Not Retaliatory Conduct
Standards of Proof/Proving Retaliation Claims
- Most Common Standards Analyzed
- Temporal Proximity and How Timing Can Be Relevant or Irrelevant
- Case Law Developments Identified
Potential Damages
- Back Pay
- Front Pay
- Reinstatement/Injunctive Relief
- Attorneys’ Fees
- Punitive Damages
- Emotional Damages/Pain and Suffering
Employer Best Practices Revealed
- Do’s and Don’ts When Confronting and Disciplining Employees
- Updating Policies and Procedures to Address Anti-Retaliation
- Utilizing Appropriate Disclaimers
- Coordinating Adverse Action With Opposing Counsel, the EEOC or Other Administrative Agencies
- Reviewing and Updating Valid Release Agreements
Speakers
Julie A. Proscia, Esq.,
SmithAmundsen LLC- Equity Partner in the office of Amundsen Davis, LLC who has been practicing for over twenty years
- Practice emphasizes all aspects of Labor & Employment, Public and Private Sectors
- Prolific national speaker on numerous topics, including supervisor training, wage & hour compliance, and independent contractor issues
- Author of several publications related to the areas of gender identity issues and changes in the workplace, minimizing risk in employment interviews, sexual harassment in both public and private sector issues, biometrics/data privacy issues, and NLRB trends and updates
- Member of the Illinois Senate Task Force on Sexual Discrimination and Harassment Awareness, has been selected to the Illinois Super Lawyers List for multiple years, Selected to the Illinois Super Lawyers Rising Stars List, and recognized as 40 Illinois Attorneys Under 40 to Watch
Who Should Attend
This live webinar is designed for human resource managers, attorneys, personnel and benefits managers, payroll managers, business owners and managers, presidents, vice presidents, CEOs, controllers, and accountants.
