Managing Employment Practices Risks at UCLA: Campus Resources & Risk Management

1. Contact Information for Presenters

2. WELCOME: We’re Glad You’re Here!Leveraging Campus Resources to Effectively Manage Employment Practices Risks Please sign in and be seated

3. Campus Resources • UCLA Campus Human Resources Employee & Labor Relations; • Staff Affirmative Action Office (SAAO); • Sexual Harassment Prevention and Title IX Office; • Administrative Policies & Compliance/LDO; • Campus Counsel, UCLA Office of the Chancellor; • Office of Ombuds Services; • Office of Insurance and Risk; and • Ballard Rosenberg Golper & Savitt, LLP (outside panel counsel) You are not alone!

4. Some Examples of Employment Practices Liability Claims • Sexual harassment; • Discrimination; • Wrongful termination; • Breach of employment contract; • Negligent evaluation; • Failure to employ or promote; • Failure to accommodate; • Wrongful discipline; • Deprivation of career opportunity; • Wrongful infliction of emotional distress; and • Mismanagement of employee benefit plans

5. Overview- The Risk Management Process • Identify the potential loss exposure(s); • Examine alternative risk control methods; • Select and implement the appropriate method; • Monitor results, make changes as needed; Everyone needs to be a Risk Manager!!

6. Methods for Managing Risk • Avoidance- don’t do the activity; • Loss Control -mitigate damages or prevent loss; • Risk Financing - obtain insurance or self-insure to finance losses that occur; • Risk Transfer - transfer financial responsibility for risk by indemnification, hold harmless–

7. Office of Insurance & Risk Management • Employee Disability Management Services • Transitional Return To Work Programs • The Interactive Process (IP) & Evaluation of Job Accommodations

8. Methods of Risk Financing at UCLA:Self-Insurance Programs • How does UCLA pay for its insurance programs? • University self-insures most of its exposures – there is no insurance policy (self-insurance programs contained in BUS bulletins – BUS 1, BUS 28, BUS 75 ) • Program costs are allocated by UCOP to each UC location • Claims are administered by Sedgwick Claims Management Services, a contract third party claims administrator (TPA). • The UCLA Campus further allocates costs to responsible departments • UCLA Campus Departments are responsible for deductibles of 20% of the amount of any claim settlement or judgment, up to $50,000, for some liability claims Not everything is covered - criminal and civil fines, penalties & back wages & benefits to $50k, claim deductibles, punitive damages

9. EMPLOYMENT PRACTICES LIABILITY PROGRAM

10. EMPLOYMENT PRACTICES CLAIMS DEDUCTIBLES • Premiums for departments are determined by an actuarial study and based on a combination of loss history and exposure. • The deductible equals 20% of any claim settlement or judgment, but the minimum is $7,500 and is capped at $50,000. • If the total settlement or verdict is less than the established minimum, the department pays the actual amount of the damages. • Departments are fully responsible for all liability for fines, penalties and back wages and benefits.