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From Hiring to Firing: What Every Manager Needs to Know About Employment Law

How confident are you when presented with questions about federal, state and local employment laws? Most of us know what it takes to be a good manager, but do we know what it takes to keep our organization and ourselves out of court?  As representatives of management we have a special obligation to:

  • Know and keep up to date with the laws that govern the workplace
  • Ensure that our staff comply with those laws
  • Take immediate action to remedy violations
  • Take preventative action to avoid litigation

This course will help you analyze your own operations, comply with the law and successfully deal with legal issues.  It covers current trends and practical advice on how to avoid costly litigation when performing all of your responsibilities, from hiring to firing.


Introduction to Your Legal Responsibilities – 5 hours

  • Personal vs. Vicarious Liability at Work
  • Who is a supervisor?
  • Federal and State Civil Rights Laws
    • Civil Rights Laws and employment decisions
    • Age Discrimination
    • Older Workers Benefits Protection Act
    • Affirmative Action
    • Americans with Disabilities Act
    • Pregnancy Discrimination
    • Family Medical Leave Act
    • Equal Pay Act
    • Lilly Ledbetter Act
    • Genetic Information Nondiscrimination Act
  • Common Law TORT Claims in the Workplace
  • Punitive and Compensatory Damages
  • EEO Process for Responding to Claims

Preventing Retaliation in the Workplace – 3 hours

  • The three components of retaliation
  • Who is protected from retaliation
  • Laws that protect against retaliation
  • Legal and illegal adverse actions
  • Steps to prevent accusations of retaliation


Sexual Harassment:  What It Is and How to Prevent It – 4 Hours

  • Quid pro quo vs. hostile environment
  • Investigating claims
  • Defamation and right to privacy
  • Preventative measures to avoid exposure to litigation
  • Performing and participating in an investigation

Starting Off on the Right Track: Hiring Practices from the Legal Point of View – 4 Hours

  • Selection process: determining qualifications, essential functions
  • ADA and GINA requirements in the hiring process
  • Interviewing: benefits of structured interviews, illegal questions, documentation
  • References:  liability in what you say or what you don’t say
  • Documentation: applications, resumes, selection criteria
  • Tests: criteria, content, and construct validity
  • Disparate treatment vs. disparate impact: the difference between intentional vs. unintentional discrimination
  • Negligent hiring: what if we make the wrong choice, how to minimize the risks during the probationary period


Keeping Them on the Right Track: Legal Side of Performance Management – 4 Hours

  • Legally defensible performance appraisals
  • Equal Pay and Lily Ledbetter Act: requirements, exceptions
  • Defamation – what you can say and how you should say it
  • Confidentiality – what you should not say
  • Negligent appraisal – damages that may occur in the appraisal process
  • Coaching meetings – how to give and document coaching sessions that work

When They Fall off the Track: Progressive Discipline – 4 hours

  • Legally defensible documentation of performance problems
  • Drug testing & substance abuse
  • Privilege vs. confidentiality
  • Right to privacy issues: defamation, false imprisonment
  • Negligent retention: liability and risk of violence in the workplace
  • Counseling sessions: how to document progressive discipline steps
  • Fair investigation process  

Who Should Attend:  All individuals responsible for supervising the work of others.
Methodology:  This program utilizes video, tests, group discussion, case studies, practice exercises and a question and answer segment.
Program Length:  Three 8-hour sessions

(516) 528-8865


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