×

Successfully Defending Retaliation and Discrimination Claims

Once an employer has been made aware that allegations of discrimination and/or retaliation exist, what steps can be taken.  What is the best way to protect the integrity of the organization while mitigating damages and liability?

This class has been approved for 7 general credit hours toward PHR, SPHR and GPHR recertification.

This class has been pre-approved by the Society for Human Resource Management for 7 Professional Development Credits (PDCs) towards the SHRM-SCP or SHRM-CP.

This course can be applied to the Human Resources Management.

Course Outline/Topics

  1. Overview
  2. Agencies and Types of Claims
    1. U.S. Equal Employment Opportunity Commission (EEOC)
      1. Age
      2. Disability
      3. Equal Pay/Compensation
      4. Genetic Information
      5. Harassment
      6. National Origin
      7. Pregnancy
      8. Race/Color
        1. Unconscious bias
      9. Religion
      10. Retaliation
      11. Sex
      12. Sexual Harassment
      13. Caregiver
    2. Wisconsin Department of Workforce Development – Equal Rights Division (ERD)
      1. Fair Employment
        1. Race
        2. Creed
        3. Color
        4. National Origin
        5. Ancestry
        6. Age (40 and over)
        7. Sex
        8. Disability
        9. Arrest or Conviction Record
        10. Sexual Orientation
        11. Marital Status
        12. Military Status
        13. Declining to attend a meeting
        14. Communication about religious or political matters
        15. Unfair honesty testing
        16. Unfair genetic testing
        17. Discrimination due to filing complaint
        18. Discrimination due to assisting with investigation
        19. Discrimination because of use of or non-use of lawful products
      2. Open Housing
      3. Public Accommodation & Amusements
      4. Family & Medical Leave
      5. Post-Secondary Education
      6. Civil Air Patrol Membership
      7. Reemployment rights After National Guard, State Defense Force, or Public Health Emergency Service
      8. Emergency Responder Absence
      9. Retaliation Protections
        1. Public Employee Health & Safety
        2. Employee Right to Know
        3. Elder Abuse Retaliation
        4. Care and Service Residential Facilities Retaliation
        5. Health Care workers
        6. Reporting an Adult-at-Risk
        7. Reporting Fraud by Recipient of Public Assistance
        8. Whistleblower Law for State Employees
  3. Pre-Investigation
    1. Timing
      1. Formal Complaint Not Required
      2. Be Proactive
    2. Evaluation
      1. Protected Class
      2. Adverse Action
    3. Review Policies and Procedures
      1. Documented
      2. Work Practices
    4. Review of Training
      1. Training Documentation
      2. Attendance Records
    5. Establish Secure Investigation File
    6. Consider Interim Personnel Actions
    7. Review Facts and Prepare Chronology
  4. Investigation
    1. Procedure to Follow
    2. Purpose of Investigation
      1. Determine What Actually Occurred
      2. Punish Wrongdoer
      3. Prevent Reoccurrence
      4. Legal Implications
        1. Duty to Prevent & Correct
        2. Groundwork for Affirmative Defenses
        3. Reduce Potential Liability & Damages
    3. Investigator Selection
      1. Credibility
      2. Impartiality
      3. Creates Trust & Rapport
      4. Member of Management
      5. Good Witness in Event of Litigation
    4. What Information is Needed
    5. Best Sources of Information
    6. Identification of Witnesses
      1. Friendly Witnesses
      2. Negative Witnesses
      3. Adversarial Witnesses
    7. Witness Interviews
      1. Explain Purpose of Interview
      2. Do Not Promise Confidentiality
      3. Do Explain Retaliation Prohibition
      4. Establish Expectation to Avoid Discussion/Gossip with Others
      5. One Witness at a Time
      6. No Leading Questions
      7. Ask for Details
        1. Who
        2. What
        3. When
        4. Where
        5. Corroborating Witness or Documents
        6. Prior Relationship with Part(ies) Involved
        7. Personal History of Complaints or Allegations
        8. Witnessed Other Acts of Discrimination
      8. Ask for Notes
      9. Clarify Statements
      10. Pin Down Facts and Timeline
      11. Avoid Embarrassing/Unfriendly Questions Until the End
      12. Witness Requests Legal Representation
    8. Witness Credibility
      1. Bias or Motive to Lie
      2. First Hand Knowledge
      3. Third-Party Information/Gossip
      4. Consistency with Other Statements & Reports
      5. Trust Your Instincts
    9. Witness Statements
      1. Prepared by Witness
      2. Signed and Dated
      3. If Won’t Provide
    10. Interviewing the Accused
      1. Explain Allegations
      2. Allow Opportunity to Respond
      3. Clarify Admissions, Denials and Contradictions
      4. Warn Against Retaliation
      5. Refusal to Cooperate Does Not Stop Investigation
    11. Investigation Notes
      1. Date Documents & Notes
      2. Take Good Notes During Interviews
      3. Use Separate Pieces of Paper, Not a Notebook
      4. Record Observations on Separate Document
        1. Evasiveness
        2. Non-Verbal Cues
        3. Contradictions
      5. Do Not Include In Notes:
        1. Interpretations
        2. Opinions
        3. Beliefs
        4. Assumptions
        5. Conclusions
      6. Never Destroy Documents After Investigation Starts
    12. Investigation Report
      1. Prepare Promptly
      2. Recite Allegations Investigated
      3. Chronology of Steps Taken
      4. Identify Witnesses Interviewed
        1. Include Refusals
        2. State Reasons for Not Interviewing Potential Witnesses
      5. Identify Documents Reviewed
      6. Note Discrepancies / Conflicting Evidence
      7. Written Report
        1. Conclusions Based on Evidence
        2. No Recommendations
  5. Post-Investigation
    1. Decision on Outcome of Investigation
    2. Proved Allegations
      1. Determine Severity of Conduct
      2. Determine Course of Action
        1. Review Policies and Procedures
        2. Uniform Responses / Past Practices
    3. Refuted Allegations
      1. Inform Parties
      2. Document Meeting
      3. Review Policy/Rule
      4. Prohibit Retaliation
      5. Determine if False Complaint Knowingly Filed
    4. Inconclusive Investigation
      1. Both Parties Credible
      2. Consider Investigation by Outside Party
      3. Review Policy/Rule with Parties
      4. Prohibit Retaliation
  6. Retaliation
    1. Definition
    2. Who Protected
      1. Accuser
      2. Witness
    3. Violators
      1. Managers
      2. Co-Workers
      3. Accused
    4. Adverse Employment Actions
      1. Hiring
      2. Firing
      3. Pay
      4. Job Assignments
      5. Promotions
      6. Layoff
      7. Training
      8. Fringe Benefits
      9. Any Other Term or Condition of Employment
  7. In the Event a Complaint/Charge filed
    1. Timeliness of Filing
    2. Investigation by Agency
      1. Position Statement
      2. Requests for Information
      3. Witness Interviews
    3. Findings
    4. Appeals

Thu., Oct. 15

8:30am-4pm

Location: UWM School of Continuing Education

Instructor: Denise Greathouse

Fee:

$345 if you register by Thu., Oct. 1.
$395 if you register after Thu., Oct. 1.

CEUs: .7

Program Number: 5040-7722

Registration Deadline: Thu., Oct. 15

Register Now

Tue., May 3, 2016

8:30am-4pm

Location: UWM School of Continuing Education

Instructor: Denise Greathouse

Fee:

$345 if you register by Tue., Apr. 19, 2016.
$395 if you register after Tue., Apr. 19, 2016.

CEUs: 0.7

Enrollment Limit: 30

Program Number: 5040-8648

Registration Deadline: Tue., May 3, 2016

Register Now

FacebookTwitterGoogle+Share