Date: 01/28/2021
Time: 1 pm eastern
Run Time: 90 minutes including Q & A session
Leader: Dr. Jim Castagnera, Attorney at Law
Credits: Awarded 1.5 credit hours by HRCI
Price: Webinar $295; Webinar + Download $349 (Share the download with your colleagues)
Audience: HR, benefits, finance, managers and supervisors, IT, CEOs, in-house counsel, etc.

PROGRAM DESCRIPTION

Age, health, disabilities-related discrimination, etc. are just a few examples of the types of discrimination claims employees make against their employers. Now, in the Covid-19 back-to-work environment, and with the new Biden Administration taking over, it will be even easier for employees to claim they have been discriminated against based on the decisions management makes concerning who should come back to the workplace and who can work from home, as well as on actions management may take to protect workers who do return to the workplace.

Make no mistake, in this pandemic work environment all claims of discrimination have the potential to become significant problems for employers, especially since a high percentage of the workforce is made up of elderly workers, employees with pre-existing health conditions, and employees with disabilities. The risks for employers are significant, and the more labor-friendly Biden administration will add to the potential risks and liabilities for employers.

Every year the EEOC and the courts hear numerous complaints from employees claiming that they are the victims of employer discrimination, and in the current COVID-19 work environment,  it won’t be sufficient for an employer to simply say that a COVID-19-related management decision was made for the good of the workplace and that the well-being of the employees was taken into consideration. Employers will need to prove it, and it may be harder to convince a reinvigorated EEOC that employer actions were justified.

Please join Dr. Jim Castagnera, attorney at law, as he discusses the responsibility of employers to adhere to the complex matrix of federal, state, and local anti-discrimination requirements, and offers actionable guidance for how employers can apply these requirements uniformly and fairly across their workforces in the Covid-19 workplace.

PROGRAM HIGHLIGHTS

During this important webinar Dr. Castagnera will be discussing:

      • Key provisions of the federal anti-discrimination laws and regulations the EEOC is responsible for enforcing including: the ADA, GINA, ADEA, Sections 501 and 505 of the Rehabilitation Act of 1973, Pregnancy Discrimination Act, etc.
      • The possible impact of the Biden Administration’s more labor-friendly focus on the resolution of COVID-19 related discrimination claims
      • Relevant state, and local anti-discrimination requirements
      • EEOC COVID-19 anti-discrimination actions and review of recent court cases
      • EEOC interpretation of provisions of the ADA related to going back-to-work
      • How to use the ADA interactive process to support your management decisions
      • Necessary supervisor and manager training to reduce employee discrimination claims
      • Review and vital changes to policies and procedures, including sample language
      • How to document your management back-to-work decisions
      • Avoiding claims of retaliation
      • Protecting employee privacy while gathering the information you need
      • Employer latitude in the case of a pregnant employee
      • Employer latitude in deciding who should work remotely and who should come back to the workplace
      • Age as a disability under the ADA
      • What illnesses are considered disabilities under the ADA? Has the list changed
        since Covid-19?
      • If the employee requests a work-from-home accommodation, can the
        employer instead substitute alterations in the physical workplace or work conditions?
      • How the employee’s job functions impact the work-from-home determination?
        What about supervisors who request a work from home accommodation?
      • Are mental health issues stemming from Covid-19 concerns considered long-
        term disabilities warranting an accommodation?
      • GINA‒does a genetic predisposition to an illness warrant accommodation in the
        pandemic environment? What are the employee’s privacy rights?
      • What if you say “no” to a request for an accommodation? What does the
        employer have to document? What does the employee have to show?

PROGRAM LEADER

Dr. Jim Castagnera is an employment and labor attorney with more than 36 years’ experience. He is a sought-after speaker on coronavirus and other HR-compliance topics, an experienced professor, successful author, and accomplished consultant who assists his clients in meeting their current HR compliance challenges with clear and practical solutions. He holds a JD and a PhD from Case Western Reserve University. Following ten years as an employment and labor lawyer with a major Philadelphia law firm, he served for 23 years as in-house legal counsel at Rider University. With 20 published books, mostly on HR-law topics, he teaches HR compliance in Drexel University’s Kline School of Law and is the chief consultant of Holland Media Services, with offices in Los Angeles and Philadelphia.

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