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Speakers Instructor : Susan Fahey Desmond
Product Id : : 20071PACK

Overview:

The ADAAA relaxed the standards of who is qualified as "disabled" under the ADA. This relaxation has required employers to offer such things as light duty positions when the employer would not have been required to do before the amendments. The ADAAA also addresses when pregnancy complications may be considered disabilities. Of course, the FMLA/ADAAA have always interacted but with the relaxation of the qualification standards, they interact even more.

Congress has also passed the Genetic Information Non-Discrimination Act – why is this different from the ADAAA or is it? When does the FMLA or ADAAA restrict your ability to terminate someone out on workers' compensation leave. Yes, the alphabet soup continues to get trickier especially as we are now seeing court decisions addressing these thorny issues.

Why should you attend: Years ago, most workers' compensation professionals understood completely all of the legal risks. Follow the schedule listed in the statute, check compliance with other rules, and you knew the approximate costs of the claim. With the passage of the ADAAA, FMLA, GINA, such claims are not as easy to administer.

Even the Pregnancy Discrimination Act has become a claim that many employers rarely see (because you treat pregnancy as any other "temporary disability." How can you comply with each and every one of these statutes when they all have different purposes and different rules? Don't get caught like other employers recently have because you haven't kept up with the latest regulations and court decisions.

Areas Covered in the Session:

  • The differences between the ADAAA and FMLA when it comes to leaves of absences.
  • Do workers compensation statutes require an employer to offer "light duty" positions?
  • What are the pros/cons of light duty positions?
  • Even if your state statute doesn't require light duty positions, will the ADAAA require it?
  • Can you terminate an employee out on worker's compensation leave for refusing a light duty position?
  • How to run the various leave requirements concurrently?
  • Can you run worker's compensation payments concurrently with other paid leave such as sick leave, vacation, short term disability, etc. Can the employee request that you do so even if you don't require it?
  • How is GINA different from the ADAAA? How is it similar?
  • How to treat pregnancies under the ADAAA, FMLA, and PDA (and, yes, it is very different under each statute)
  • When are you required to provide COBRA notices to those out on leave?
  • Does Obamacare change which of your employees are entitled to medical benefits while others are not?

Who Will Benefit:
  • Management
  • Human Resource Managers
  • Benefits Personnel

Susan Fahey Desmond is a Principal in the New Orleans, Louisiana, office of Jackson Lewis P.C which has offices in 59 cities across the country. She has been representing management in the area of labor and employment law since her graduation from the University of Tennessee School Of Law. She is a frequent speaker and author on a number of labor and employment issues. She is named in Best Lawyers in America and has been named by Chambers USA as one of America's leading business lawyers for labor and employment law.
Speakers Instructor : Susan Fahey Desmond
Product Id : : 20071PACK

Overview:

Courts during the early years of the ADA strictly construed the ADA's definition of "disability," and judges always determined who met that definition. And, of course, judges would look to decisions from other judges for guidance in making their decisions. Cases rarely got past the first stage of whether one met the definition.

With the relaxation of how to interpret the definition, more and more cases are getting past this stage and getting into the stage of the ADA's requirement of the interactive process and the ADA's requirement that an employer provide reasonable accommodation to the disabled if the accommodation allows the individual to perform the essential functions of his/her position. Some courts will hold that some accommodations are "never" reasonable; however, the test of reasonable accommodation is typically a jury question. How will the jury rate your interactive process or the accommodations you offer?

Why should you attend: When the ADA was first passed, courts construed the definition of disability so strictly that most individuals found that they either did not meet the definition (or thus were not protected under the ADA) or that their impairments were so substantial, they were no longer able to perform the essential functions of the job. For this reason, courts rarely got to the issues of an effective interactive process between the employer and employee or there was a reasonable accommodation available.

With the amendments to the ADA that lessen the standard of how we interpret the definition of disability, courts are now looking more and more to the interactive issues and accommodation issues. The answers are not easy and are not uniform due to every individual has to be considered on a case by case basis and different companies may be required to do different things due to sheer size or resources.

Areas Covered in the Session:

  • The difference in interpretation of who is disabled under the "old" ADA and the "new" ADA.
  • Why pre-amendments resulted in cases rarely getting past the issue of whether an employee met the definition of "disability."
  • What do we mean about the "interactive process"?
  • What does the ADA and the EEOC require an employer to do during the interactive process?
  • Steps to take during the interactive process.
  • What happens when there is a breakdown during the interactive process?
  • Do you always have to give the employee the accommodation s/he requests?
  • What examples do the statute and EEO regulations give as possible reasonable accommodations?
  • Why you must distinguish between essential and marginal functions of a position when making reasonable accommodation decisions.
  • How to make sure courts will give deference to your definition of the "essential" functions of a position.
  • Is attendance always an essential function of a position? Why are the courts and the EEOC not Seeing Eye to eye on this issue?

Who Will Benefit:
  • Management
  • Human Resource Managers
  • Benefits Personnel

Susan Fahey Desmond is a Principal in the New Orleans, Louisiana, office of Jackson Lewis P.C which has offices in 59 cities across the country. She has been representing management in the area of labor and employment law since her graduation from the University of Tennessee School Of Law. She is a frequent speaker and author on a number of labor and employment issues. She is named in Best Lawyers in America and has been named by Chambers USA as one of America's leading business lawyers for labor and employment law.
Speakers Instructor : Susan Fahey Desmond
Product Id : : 20071PACK

Overview:

It is, unfortunately, that we often look at a mass shooting at a workplace with the eyes of 20/20 eyesight and say, "I knew something was wrong." Of course, it is not that easy. The Americans with Disabilities Act requires employers to provide reasonable accommodations to those with mental impairments that substantially limit their major life activities unless the accommodation causes an undue hardship on the employer; or the employee poses a direct threat either to his safety or the safety of others. What does this mean to employers? How does an employer handle employees' unwarranted fears? What does the Mental Health Parity Act require in terms of coverage for mental illness? And does the Affordable Care Act require more?

Why should you attend: Former Navy reservist suffering from paranoia kills 12 people at a Washington Navy Yard. He claimed he had been hearing voices and was being treated for mental illness in the weeks before the shooting rampage. Fired employee kills six at Accent Signage - parents stated that they saw signs of schizophrenia but that he shut out offers of help Psychiatric illnesses are not visible - you don't see the broken leg, feel the forehead for a fever, check an individual's blood for a white blood count.

These illnesses are based on "symptoms" and "behaviors" which are often progressive in nature. Medications to deal with the symptoms or behaviors are very much trial and error. Yet, sometimes individuals with strange behaviors are, well, just strange, and don't have a psychiatric illness at all. Employers are not psychiatrists but employers are required to accommodate individuals with mental impairments that substantially limit a major life function. How do you know when someone has a psychiatric illness or is just plain strange? And, when someone does have a psychiatric illness, what are your obligations?

Areas Covered in the Session:

  • The ADA requirements with regard to mental impairments
  • The most significant mental illnesses and symptoms associated with them
  • How to hold those with psychiatric illnesses to the same standards as those without these illnesses
  • The interactive process an employer should engage in while dealing with an employee with a psychiatric illness
  • What types of accommodations can an employer expect to be asked to consider with regard to an employee with a psychiatric illness?
  • When can an employer deny an individual employment or accommodation because the individual poses a direct threat to the safety of himself or others? What do we mean by direct threat?
  • What to do if an employee refuses to take his/her medication
  • Can you force an employee to seek help through an EAP or get an evaluation through a psychiatrist?
  • What are the requirements of the Mental Health Parity Act? How does the Affordable Care Act come into play?

Who Will Benefit:
  • Management
  • Human Resource Managers
  • Benefits Managers

Susan Fahey Desmond is a Principal in the New Orleans, Louisiana, office of Jackson Lewis P.C which has offices in 59 cities across the country. She has been representing management in the area of labor and employment law since her graduation from the University of Tennessee School Of Law. She is a frequent speaker and author on a number of labor and employment issues. She is named in Best Lawyers in America and has been named by Chambers USA as one of America's leading business lawyers for labor and employment law.
Speakers Instructor : Susan Fahey Desmond
Product Id : : 20071PACK

Overview:

CIs there any good way to terminate an employee? Does any human resource professional enjoy terminating an employee? Does the employee enjoy the process for that matter? Let's face it. It is one of the worst tasks that face every human resource professional. And, if it is not done correctly, you can bank on the employee going to see a lawyer to see if there is a basis for suing your company (for that matter, the employee may even see a lawyer even if you do it correctly).

What should you be considering when you think it is inevitable that you have to terminate an employee? What questions should you ask if a supervisor comes to you and says "I have had it. That person must go!" This webinar will address all the risky areas, conducting investigations of possible misconduct, what should be in your documentation such as written warnings or performance appraisals, and how to conduct the termination meeting

Why should you attend: At one time, most employment cases were decided by judges. Now, almost all employment cases are decided by juries. Studies actually show that juries believe that employers enjoy terminating employees and "find" ways to terminate them. When juries can't get this image out of their head, they inevitably will punish the company -not only with compensatory damages but very high punitive damages -given the circumstances. It doesn't have to be this way. With a few simple policies and approaching termination in a humanitarian way, you can go a long way to convincing a jury that you not only do not like terminating employee, you only use it as a last resort.

Areas Covered in the Session:

  • Top five areas that fuel "fires" and possible litigation
  • Laws that protect employees from retaliation if they have engaged in "protected activity"
  • How to prevent retaliation claims
  • Why you should avoid thoughts of "at will" employment in the termination process
  • How to handle employees with contractual rights
  • Evaluating the personnel file before termination
  • Does the personnel file have written warnings that will stand up in court?
  • Does the personnel file have evaluations that will stand up in court?
  • Why you shouldn't "carte blanche" rely on supervisor's warnings or evaluations even if they back up what the supervisor is telling you
  • The pros/cons of a progressive discipline policy
  • Preparing for the termination meeting
  • Should you allow the employee to resign in lieu of termination?
  • The exit interview
  • Should you give severance pay?
  • Should you consider a severance agreement?

Who Will Benefit:
  • Management
  • Human Resource Managers
  • Company Owners

Susan Fahey Desmond is a Principal in the New Orleans, Louisiana, office of Jackson Lewis P.C which has offices in 59 cities across the country. She has been representing management in the area of labor and employment law since her graduation from the University of Tennessee School Of Law. She is a frequent speaker and author on a number of labor and employment issues. She is named in Best Lawyers in America and has been named by Chambers USA as one of America's leading business lawyers for labor and employment law.
Speakers Instructor : Susan Fahey Desmond
Product Id : : 20071PACK

Overview:

The pay gap between men and women currently stands at around 77% and it has been this way since the early 80s. Why has there been no progress since? President Obama believes it is because enforcement has not been aggressive enough. After all, this pay gap must mean pay discrimination is out there. Why has no one been finding and addressing this discrimination in over twenty years? Of course, some of the reasons could be statute of limitations issues that doomed Lilly Ledbetter's pay discrimination suit - thus leading to the passage of the Lilly Ledbetter Fair Pay Act in 2009. President Obama, however, feels that the most significant reason is that the EEOC and the OFCCP has just not been aggressive enough in addressing pay discrimination. And, when the boss says "be aggressive," the agencies find ways to do just that. Learn what the EEOC and the OFCCP plans are for addressing pay disparities, what they will be looking for during an investigation or audit, and what you can do to avoid being a part of these agencies' front page headliners (the EEOC and the OFCCP don't sign confidentiality agreements).

Why should you attend: Despite the passage of Title VII in 1964 which prohibits discrimination in the terms and conditions of employment (which includes pay) and the Equal Pay Act which prohibits pay disparities based on gender, there is still a significant pay disparity between what men and women make for the same work. President Obama has ordered federal agencies like the EEOC and the OFCCP to seek and find pay discrimination "because it is out there." This webinar will tell what steps the EEOC and the OFCCP are taking in response to President Obama's directive and how to make sure you're not part of their "success" stories.

Areas Covered in the Session:

  • Why Title VII and the Equal Pay Act haven't worked to address pay disparities
  • The case of Lilly Ledbetter
  • The Lilly Ledbetter Pay Act and what it means to your organization
  • Detecting when supervisors engage in stereotypes in performance appraisals that may lead to unintentional pay discrimination
  • The EEOC's Strategic Plan to address pay discrimination
  • The OFCCP's response to addressing pay discrimination with regard to federal contractors
  • What you can do before the EEOC and the OFCCP come knocking

Who Will Benefit:
  • Human Resource Managers
  • Payroll Personnel
  • Company Owners
  • Compensation Analysts

Susan Fahey Desmond is a Principal in the New Orleans, Louisiana, office of Jackson Lewis P.C which has offices in 59 cities across the country. She has been representing management in the area of labor and employment law since her graduation from the University of Tennessee School Of Law. She is a frequent speaker and author on a number of labor and employment issues. She is named in Best Lawyers in America and has been named by Chambers USA as one of America's leading business lawyers for labor and employment law.
Speakers Instructor : Susan Fahey Desmond
Product Id : : 20071PACK

Overview:

It is bad enough that when you check into an applicant's background that previous employers will only let you know that the applicant worked for them and their position. Now, the EEOC has changed its position regarding how to analyze an individual's criminal background that makes it more difficult to exclude those with a criminal background. On the other hand, employers have faced costly jury verdicts for negligent hiring when the individual inflicts harm on others. This webinar will walk you through the laws you should consider in your hiring process like Title VII, the Americans with Disabilities Act, the Fair Credit Reporting Act, and more!

Why should you attend: Hiring the wrong individual can be costly in so many ways. Obviously, if you hire the wrong person, you eventually will be looking at terminating him/her, and terminations always run the risk of a lawsuit. Hiring someone with a violent or criminal background can lead to a negligent hiring claim should the individual inflict harm on others while working for your organization. Yet, there are so many laws that say what you can or can't do when screening your applicants. Laws even tell you at what process you can ask certain information. This webinar will guide you through the legal pitfall that comes from screening applicants and how to avoid them.

Areas Covered in the Session:

  • Understanding the disparate impact theory and how it affects your hiring decisions
  • The latest position of the EEOC regarding criminal background checks and how the courts are responding
  • Getting medical information during the application process
  • Case examples of negligent hiring and what went wrong and why
  • Legal pitfalls in using (or not using) the Internet and social media during the hiring process
  • Complying with the Fair Credit Reporting Act
  • The pros and cons of using fingerprints for background checking

Who Will Benefit:
  • HR Managers
  • HR Generalists
  • Company Owners
  • HR Assistants
  • Business Owners
  • Consultants
  • Managers
  • Supervisors
  • Employee Relations Professionals

Susan Fahey Desmond is a Principal in the New Orleans, Louisiana, office of Jackson Lewis P.C which has offices in 59 cities across the country. She has been representing management in the area of labor and employment law since her graduation from the University of Tennessee School Of Law. She is a frequent speaker and author on a number of labor and employment issues. She is named in Best Lawyers in America and has been named by Chambers USA as one of America's leading business lawyers for labor and employment law.
Speakers Instructor : Susan Fahey Desmond
Product Id : : 20071PACK

Overview:

The United States is considered one of the least progressive countries in the industrialized world when it comes to protecting the family in the workplace. This fact is one of the reasons Congress passed the Family and Medical Leave Act - forcing employers to deal with their employees' family issues. The FMLA is not the only law employers need to know when it comes to family issues in the workplace. Pregnancy discrimination claims have significantly increased over the last ten years. This webinar will walk you through a host of laws such as the FMLA, the Americans with Disabilities Act, Title VII, and state law considerations.

Why should you attend: Work is for work, and family issues should stay at home. If it were only that easy. Yet, family issues frequently cross over into the workplace, and there are a myriad of legal issues that employers must consider when this happens. If you don't handle it correctly, you will find yourself in court. One employer faced a jury by telling an applicant that she wasn't right for the job "because of her family commitments" that resulted from having triplets at home. Even when you are trying to "do the right thing" by telling a pregnant employee that she shouldn't work in a position that is dangerous will land you in court. Like it or not, your employees are in many ways your children, and the law frequently dictates how to handle your "children."

Areas Covered in the Session:

  • Understanding how the courts are using Title VII to protect family commitments even though Title VII "does not protect the family"
  • Understanding "but for" discrimination and how it is being used to protect mothers in the workplace
  • Understanding the Pregnancy Discrimination Act
  • How Title VII prohibits you from being paternalistic in the workplace
  • Fetal protection and workers compensation concerns
  • Protections under the FMLA
  • What is a "substantially equivalent" position under the FMLA
  • The Americans with Disabilities Act and "association" discrimination

Who Will Benefit:
  • Human Resource Managers
  • Human Resource Supervisors
  • Payroll Personnel
  • Company Owners

Susan Fahey Desmond is a Principal in the New Orleans, Louisiana, office of Jackson Lewis P.C which has offices in 59 cities across the country. She has been representing management in the area of labor and employment law since her graduation from the University of Tennessee School Of Law. She is a frequent speaker and author on a number of labor and employment issues. She is named in Best Lawyers in America and has been named by Chambers USA as one of America's leading business lawyers for labor and employment law.
Speakers Instructor : Susan Fahey Desmond
Product Id : : 20071PACK

Overview:

"The use of this seal is not an endorsement by the HR Certification Institute of the quality of the program. It means that this program has met the HR Certification Institute's criteria to be pre-approved for recertification credit."

"This program, has been approved for 1.50 (HR (General)) recertification credit hours toward PHR, SPHR and GPHR recertification through the HR Certification Institute. Please be sure to note the program ID number on your recertification application form. For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org."

Overview: We all know that Title VII prohibits discrimination because of sex. But what does this phrase really mean in the context of hostile working environments? Courts repeatedly state that Title VII is not a civility code; however, more and more hostile working environment cases are going to the jury. Employees use the term "harassment" with increasing frequency when they feel that they are not being treated fairly. We also know, however, that Title VII is not a law that dictates "fairness." It dictates that an employer cannot discriminate against an individual because of a protected class. When behavior crosses the line into unlawful harassment is an issue still being battled in the courts. And, we are no longer just talking about "sexual harassment" in the context of a man or woman engaging in inappropriate behavior with members of the opposite sex. The Supreme Court has held that "same sex" harassment is actionable and courts are now increasingly finding that harassment because an employee doesn't meet societal stereotypes is also actionable. What's an employer to do?

Why should you attend: When Congress passed Title VII in 1964, the addition of the word "gender" as a protected class was added in an effort to ensure defeat of the bill - not to gain equal employment opportunity in the workplace. Congress certainly did not have harassment on its mind when it passed the bill. We all know now that "sexual harassment" is prohibited under Title VII. What we are still grappling with is just what is "sexual harassment"? And, even though there is still not a clear concept of where inappropriate behavior crosses the line into harassment, courts and juries don't hesitate to award significant damages when they determine that harassment has occurred. The EEOC won a $20 million dollar jury verdict for eight employees who claimed sexual harassment. Another jury awarded over $10 million to an employee who claimed that her supervisor discussed his sexual fantasies with her.
Areas Covered in the Session:
  • Learning how harassment law has evolved since the passage of Title VII
  • What do we really mean when we say discrimination "because of sex"?
  • Analyzing Supreme Court decisions and how lower courts are using the cases to cover individuals who don't meet our societal stereotypes
  • What is "same sex" harassment? Does the concept give protection to homosexuals even though homosexuality is not a protected class under Title VII?
  • Analyzing lower court decisions of "who is the supervisor"?
  • Understanding what is a tangible employment action?
  • What should be in a harassment policy?
  • How to conduct a proper investigation and how to document the investigation
  • Understanding how your company may be an employer even if you're not signing the paycheck
  • How to avoid retaliation claims
  • Understanding the new theories of sex discrimination
  • Why there is a rise in racial harassment claims
  • Analyzing pending legislation

Who Will Benefit:
  • Human Resource Managers
  • Company Owners
  • Senior HR Professionals
  • HR Analysts
  • Directors
  • HR Personnel
  • Employee Relations Professionals

Susan Fahey Desmond is a Principal in the New Orleans, Louisiana, office of Jackson Lewis P.C which has offices in 59 cities across the country. She has been representing management in the area of labor and employment law since her graduation from the University of Tennessee School Of Law. She is a frequent speaker and author on a number of labor and employment issues. She is named in Best Lawyers in America and has been named by Chambers USA as one of America's leading business lawyers for labor and employment law.

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