EPS-RealSolutions

THE NEXT BEST THING TO BEING THERE: VIRTUAL INVESTIGATIONS IN THE COVID ERA by Employment Practices Solutions

Title IX of the Education Amendments of 1972 is a federal civil rights law prohibiting discrimination on the basis of sex in educational programs and activities by institutions that receive federal financial assistance from the U.S. Department of Education, and sexual misconduct may constitute discrimination prohibited by Title IX. When a school knows or reasonably should know of any incident of sexual misconduct, personnel must take immediate steps to understand what occurred (i.e., whether a hostile environment based on sex exists), and respond appropriately. We explore all the elements of Title IX compliance and how organizations should prepare to investigate complaints of misconduct including how to select the appropriate investigator.

Diversity has been a hot topic for quite some time. The notion of inclusion has surfaced more recently – and often in the same breath as diversity. We know, for example, that companies in the top quartile for gender, racial, and ethnic diversity are more likely to have financial returns above their national industry median. But, we are also beginning to understand that the benefits of diversity are only truly realized when it’s partnered with inclusion – the creation of an organizational culture where all individuals are respected and appreciated as valuable members of their communities. In this podcast, we examine the practical actions that employers and employees can take to make progress on the journey from diversity to inclusion.

Allegations surface, headlines ensue and employers and employees grapple with how to prevent harassment and moreover, how to build respectful workplaces. Employees wonder about their own behavior and employers are examining their efforts around sexual harassment prevention. During this podcast, we examine the all-important role of the bystander.

This cultural moment around sexual harassment has made many employees and employers alike think about sexual harassment differently and more deeply. We provide answers to pressing questions from our social media followers and consultants around sexual harassment prevention.

This podcast is part two of our two-part series on pitfalls that rear their heads in some of the most important work that employment law and human resources professionals do in their roles - training and investigations. We’re tackling the pitfalls associated with workplace complaint investigations.

This podcast is part one of our two-part series on pitfalls – hazards, dangers, risks, difficulties, snags and stumbling blocks of some of the most important work that employment law and human resources professionals do in their roles. We’re tackling the pitfalls associated with workplace training.

Both Uber and Fox News have made lots of headlines recently, and we want to use those specific examples to provide you with insight into how to influence corporate culture, and specifically, how to coach or train executives who, for better or worse, influence those cultures.

Transitioning from brick and mortar offices to a company comprised of remote workers can be challenging to both management and staff. However, EPS did just that in early 2015. While the shift involved various challenges, many expected and others unforeseen, listen as EPS President our podcast discussion on EPS’ move to remote offices with author Stephanie Davis and Lisa Dishman. Click here to read the accompanying article. bit.ly/2cTFU8O

“Bathroom bills” made numerous headlines in the first half of 2016. These bills aimed to regulate where transgender individuals should go to the bathroom. But the debate about bathrooms seemed really to be a national battle over how we view and treat transgender people. For employers, these issues are particularly important and legally uncertain. Are transgender employees legally protected? How should an employer respond to transitioning employees? Click here to read the accompanying article: http://bit.ly/2a4JkFn.

Is workplace compliance training an exercise in futility designed as a “CYA” for companies in today’s litigious society? Recent articles, and even the EEOC, have questioned whether some types of compliance training actually prevent ethical violations, sexual harassment and discrimination, and some take the position that online training courses are a waste of time due to their impersonal nature and simplistic approach. However, done right, compliance training is so much more than a “check the box” solution to minimize a company’s legal exposure. Instead, it is a key component in building an inclusive and respectful company culture where employees are educated on specifically what behaviors are expected, and empowered to speak up when they don’t feel comfortable. Click here to read the accompanying article: http://bit.ly/29hbIiv.

There are many decisions to be made when you are developing a training program, beyond the important issue of content. This podcast will walk you through the many factors to consider when planning a training initiative. Click here to read the accompanying article: http://bit.ly/29xqqr9.

It seems that FitBits® and other exercise trackers are as much the rage these days in the workplace as they are in the gym. Are your friends and colleagues counting steps taken and calories burned? If so, there is a good chance they are doing so as part of an employee wellness program. We discuss three ways to minimize the risk that your wellness program will face down the road. Click here to read the accompanying article: http://bit.ly/29nus4v.

Investigations of employee complaints can be tricky and fraught processes, often with high stakes, that employers of all sizes face. This podcast discussion will help you navigate not only the basics of the investigation process, but also will give you insight into some of the more subtle issues surrounding confidentiality, potential conflicts and privilege. Click here to read the accompanying article: http://bit.ly/1iTXJ6P.

The July 1, 2015 deadline is here: California employers of all sizes must provide paid sick leave to their employees in compliance with California’s new paid sick leave laws, known as the Healthy Workplaces, Healthy Families Act of 2014. Click here for the accompanying article: http://bit.ly/1JQ3K0e.

Administering the Family and Medical Leave Act ("FMLA") is challenging in general and employers continue to rank certifications of and tracking FMLA Intermittent Leave among the most difficult human resources challenges they face. This podcast clarifies the intricacies of Intermittent Leave and offer tools to assist employers in effectively handling problematic FMLA Intermittent Leave issues. Click here for the accompanying article: http://bit.ly/1GpSeSF.

Training initiatives require time and money - precious commodities in most organizations. In this podcast, we'll walk you through everything you need to know to make the most of your investment including: the legal and best practices rationales for your training efforts; the pluses and minuses of each training option, including internal resources, outside counsel or outside vendors and when to consider a web-based or web-conference training option; the elements of a great training class; who needs training and how often and on what; the most effective way to articulate the business case for training. Click here for more information: http://bit.ly/1NaHlYU.

The laws affecting lesbian, gay, bisexual and transgender (“LGBT”) individuals in the workplace are constantly changing. There have been significant developments in this area of the law recently at both the state and federal levels - up to and including the date of this podcast. Click here for the accompanying article: http://bit.ly/1KReb0x.

For years, employers have investigated complaints of discrimination and harassment on a confidential basis. In light of recent decisions by the NLRB, however, employers should abandon their practice of requesting confidentiality in every investigation and limit this request only to those investigations where confidentiality is “truly necessary” to protect against evidence destruction, witness endangerment or to prevent a cover up. Click here for the accompanying article: http://bit.ly/1aiYeUz.

Anyone who has practiced in the human resources field for any length of time has heard the term “seat at the table” in reference to HR’s struggle to be seen as a relevant business partner – not a bureaucratic obstruction within an organization, or worse. Compliance, benefits, compensation and many other duties fall within the purview of HR and all require attention and organizational focus to be sure. The “seat at the table” proposition though, is different. To have a seat at the table means that HR genuinely impacts business decisions and ultimately maximizes results. Click here for the accompanying article: http://bit.ly/1Kj4FGP.

The addition of providing a reasonable accommodation under the ADA has challenged HR professionals and lawyers alike since the ADA was enacted. While, the statute itself does not provide a great deal of specific guidance, there are several court cases and EEOC guidance which help practitioners decipher the intricacies of the interactive process. Click here for the accompanying article: http://bit.ly/1uXySyR.