COVID-19 Discrimination Claims
Friday, February 11, 2022 at 1:00 pm ET
Duration: 90 minutes
Speaker: Dr. Jim Castagnera, Esq.
Register for Live Webinar: $299
Register for Live Webinar Plus Recording Download: $349
Special Feature: If you register for this webinar and cannot attend, you will be able to access a one-time instant replay without charge for up to 90 days after the date of the webinar.
Bonus for Each Registrant: The webinar speaker will answer one written question that you may submit by email within one week after the webinar.
Webinar 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 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 useful guidance for how employers can apply these requirements uniformly and fairly across their workforces in the Covid-19 workplace.
Agenda
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 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?
CONTINUING EDUCATION
Continuing HRCI Credit Information
This program has been pre-approved for 1.5 hours of General recertification credit hours through the HR Certification Institute. Use of the seal is not an endorsement by the HR Certification Institute of the quality of the program. It means that this program has met the HR Certification Institute's criteria to be pre-approved for recertification credit.
Continuing SHRM Credit
Park Avenue Presentations is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.5 PDCs for the SHRM-CPSM or SHRM-SCPSM. For more information about certification or recertification, please visit www.shrmcertification.org.
Logistics
- 90-minute webinar (Travel-Free) delivered over the Internet.
- Unlimited listeners per connection - bring the entire department.
- Q&A session with the expert.
This event will be presented live with a PowerPoint presentation to be viewed on your computer. You may listen to the audio of the webinar by telephone or through your computer. The PowerPoint slides will be provided shortly before the event. Once you register, you will receive an email which is your receipt and which includes your instructions for dialing in and logging on. You will also receive an email reminder 24 hours before the webinar.
What is a webinar?
A webinar is a live Internet based seminar. Webinars are a way for participants in many different locations to see and hear a presentation and view PowerPoint slides. You can also have your colleagues attend the webinar using one connection.
What kind of equipment do I need?
You will need a computer with an Internet connection (high speed service such as DSL or cable works best) and a telephone. You may listen to the webinar through your computer speakers, in which case you will not need to use a telephone connection. Internet access is not required for phone-only participants, but you will not be able to see the speaker’s slides.
How can I share the webinar with my colleagues who may not be able to attend the event?
CDs of each program will be available for sale and can be shared with your business associates.
Can I get a copy of the PowerPoint slides used in the webinar?
The PowerPoint slides will be available on the materials page link in the confirmation email that will be sent to you no later than the morning of the day a webinar is presented.
How do I ask a question during the webinar? Will my question be answered during the presentation?
A question and answer session will be scheduled at the end of each webinar. You can then ask a question by typing it into the question box that will be provided to you duringthe webinar. You may also ask a question through the telephone connection. As many questions as possible will be answered during the Question and Answer period.