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Employment Practices Liability

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

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Employment Practices Liability

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

  2. 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.

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

  4. Employees = your most important business ASSETS Employees = possibility of employment claims EXPENSES HRImportance

  5. 6 Year span 2002-2008 237/162 Claims $4.3 million total $26,565 average Employment Claims

  6. $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

  7. One Claimant inOne Entity

  8. 2002 $290,178 – Discrimination& Retaliation* $11,038 - Retaliation 2004 $725 - Wrongful Termination $65,094 - Constructive Discharge $367,035 – TOTAL!! One Claimant

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

  10. Retaliation Charges ($290,178) Discrimination Charges Age, Race, Employment Practices Harassment Charges Sexual, Threatening Wrongful Termination Remember “at will” Common EEOC Charges

  11. Filing a claim is easy! Complete Instructions Abundant Examples – written for you! EEOC for the Employee

  12. But you can say – “The EEOC is my Friend!” EEOC

  13. “My actions were legal and non-discriminatory and I can prove it!” EEOC

  14. Iron clad policies & procedures! Consistent application! Fair & Equitable treatment! Top Notch Documentation! EEOC & the Employer

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

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

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

  18. All Employees Sexual Harassment Workplace Diversity Workplace Violence Prevention HR Basics - Training

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

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

  21. Economical GREEN Easy to Use Available 24/7 Online University

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

  23. Employer Helpline

  24. 452 Total Questions Age/ADE - 83 Gender - 52 FMLA – 49 Discrimination - 33 Employer Helpline

  25. DVDs – most under 30 minutes Individual & Group Training Tests and Handouts Books Most short in Length Variety of Topics HR Resources Library

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

  27. 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

  28. Personnel Manual (Handbook) Policies & Procedures (over 40) Performance Appraisals & More Sample Materials

  29. Sample Materials

  30. Basic skills to mitigate liability Web Seminars – Meet GREEN! Reference Materials provided In person for larger audiences New Supervisor Training

  31. Employment Laws ADA, FLSA, FMLA, Sexual Harassment Time Management Documentation Performance Management Corrective Action & Terminations Interviewing & Hiring New Supervisor Training

  32. Phone In Person Research Review HR Audit HR Consultations

  33. Thank you! tstevens@vmlins.org Questions?

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