Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Employment Relations Training
Anti-harassment and diversity training can be a very effective tool in preventing claims of workplace discrimination and minimizing risk. It is essential, however, to be aware of the snares along the way: poorly executed training may be as good as no training at all, or worse. Properly executed, anti-harassment and diversity training holds out some hope for employers as a means to avoid the adage, all too familiar in the human resource community, that “no good deed goes unpunished.”
Training becomes a key piece of proof of the first prong of an employer's affirmative defense to liability in defending a hostile work environment claim. That is, an employer will want to be able to demonstrate that it exercised reasonable care to prevent harassment. (See Faragher v. City of Boca Raton, 118 S. Ct. 2275 (1998). Keep in mind that in the case of alleged supervisory harassment it will be the employer's burden to prove that it undertook steps to prevent the harassment. To this end, be sure to retain all dated sign-in sheets setting forth the names of the employees in attendance, the materials provided, all relevant policies, biographical data on the trainer, and any written acknowledgement forms. The same evidence is also relevant to the third prong of the affirmative defense — that the complaining party failed to take advantage of safeguards and prevent harm — if it can be shown that the complaining party was provided training on the employer's policies regarding harassment and how to report concerns of the same. In this context the documentary data listed would become a critical part of the third-prong of the employer's defense. This is also why it is important that attendance is mandatory, not voluntary.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.