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Employment Practices Liability. Christine R. Stevens, PHR GBA Director, Human Resources Services VML Insurance Programs. Content Disclaimer.

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employment practices liability

Employment Practices Liability

Christine R. Stevens, PHR GBA

Director, Human Resources Services

VML Insurance Programs

slide2

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

Many Hats of HR
hr importance
Employees = your most important

business ASSETS

Employees = possibility of

employment claims EXPENSES

HRImportance
employment claims
6 Year span 2002-2008

237/162 Claims

$4.3 million total

$26,565 average

Employment Claims
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

$$$$$ Paid Out
one claimant
2002

$290,178 – Discrimination& Retaliation*

$11,038 - Retaliation

2004

$725 - Wrongful Termination

$65,094 - Constructive Discharge

$367,035 – TOTAL!!

One Claimant
slide9
Every year, the EEOC secures hundreds

of millions of dollars in relief for victims

Of employment discrimination.

EEOC
common eeoc charges
Retaliation Charges

($290,178)

Discrimination Charges

Age, Race, Employment Practices

Harassment Charges

Sexual, Threatening

Wrongful Termination

Remember “at will”

Common EEOC Charges
eeoc for the employee
Filing a claim is easy!

Complete Instructions

Abundant Examples – written for you!

EEOC for the Employee
slide12
But you can say –

“The EEOC is my Friend!”

EEOC
slide13
“My actions were legal and

non-discriminatory and I can

prove it!”

EEOC
eeoc the employer
Iron clad policies & procedures!

Consistent application!

Fair & Equitable treatment!

Top Notch Documentation!

EEOC & the Employer
hr basics handbook1
At- Will Statement

Time Off & Pay Policies

Progressive Discipline

Grievance Process

Law Enforcement, Fire, EMT

Signed Acknowledgment

HR Basics - Handbook
hr basics laws
Employment Laws

Title VII

FMLA

ADA –Changes coming 2009

FLSA

Exempt vs non-Exempt

HR Basics - Laws
hr basics training
All Employees

Sexual Harassment

Workplace Diversity

Workplace Violence Prevention

HR Basics - Training
hr basics training1
Supervisors/Managers

Diversity

Sexual Harassment

FMLA

Performance Feedback

Interviewing & Hiring Skills

HR Basics - Training
solutions hr services
Online University

Employment Helpline

HR Library of Materials

Web Seminars

Sample Policies/Procedures

New Supervisor Training

Consultations

Solutions - HR Services
online university
Economical

GREEN

Easy to Use

Available 24/7

Online University
online university1
Courses for Supervisors & General Employees

Three courses for annual training (30 minutes)

Sexual Harassment

Workplace Diversity

Workplace Violence Prevention

Online University
employer helpline
452 Total Questions

Age/ADE - 83

Gender - 52

FMLA – 49

Discrimination - 33

Employer Helpline
hr resources library
DVDs – most under 30 minutes

Individual & Group Training

Tests and Handouts

Books

Most short in Length

Variety of Topics

HR Resources Library
web seminars
GREEN Meetings!

Supervisors and Managers

Convenient

No Travel

No Cost

HRCI Approved for Credit

Wide Variety of Topics

Web Seminars
web seminars1
The Termination Process

Progressive Discipline

Performance Appraisals

Hiring Legally

Interviewing Skills

Document, Document, Document

Writing Job Descriptions

Interactions of FMLA, ADA & W/C

Web Seminars
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
new supervisor training1
Employment Laws

ADA, FLSA, FMLA, Sexual Harassment

Time Management

Documentation

Performance Management

Corrective Action & Terminations

Interviewing & Hiring

New Supervisor Training
hr consultations
Phone

In Person

Research

Review

HR Audit

HR Consultations
ad