Updates Impacting How Employers Terminate Protected-Class Employees
Employment lawyers always advise corporate clients to include an at-will employment statement in employee handbooks, job applications, and individual employment contracts.
But the reality for employers today is that the increasing exceptions to at-will employment almost nullify the rule.
The growing number of federal, state, and local laws that broaden the definitions of protected-class employees pose a significant threat to at-will employment.
This includes Title VII, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Genetic Information Nondiscrimination Act, the Equal Pay Act, and the Pregnancy Discrimination Act.
And just this past June, the Supreme Court expanded Title VII’s coverage to sexual orientation and sexual preference discrimination.
Staying updated on these protected classes is crucial to your risk management/litigation avoidance program.
Join us for a workshop that will help you fully understand the long list of policies that protect employees from termination – and give you the tools you need to lawfully terminate employees who are in a protected class.
You’ll learn how to:
- Evaluate and terminate employees without running afoul of discrimination laws and protected classifications
- Use arbitration agreements to avoid court cases
- Draft bullet-proof severance agreements
- And more!
Learn the most important elements of lawful termination
- What is - and isn't - a protected class under American employment law
- How to use arbitration and mediation agreements effectively as shields against discrimination suits
- How to draft an enforceable severance and release agreement that won’t come back to haunt you
- What’s left of the employment-at-will doctrine and how can it be used to the employer’s advantage
Stay up to date on the latest policy changes regarding protected-class employees
- What the Supreme Court’s latest decision on Title VII and sexual orientation requires employers to do and not do
- ADA discrimination claims related to COVID-19, telecommuting, return to work, etc.
- An overview of the major federal anti-discrimination laws and their protected classes
- What the state laws and local ordinances add to the big picture
Bolster your organization against employment lawsuits
- Building firewalls against successful discrimination suits, including training programs and arbitration clauses
- How to conduct a job non-discriminatory job evaluation and termination
- Writing bullet-proof severance and release agreements
- Protect your organization through effective training programs
About the Speaker
Jim Castagnera holds an M.A. in Journalism from Kent State University, and a J.D. and Ph.D. (American Studies) from Case Western Reserve University. He practiced law for 36 years, before retiring in June 2019: 10 years as a labor, employment and intellectual-property attorney with Saul Ewing Arnstein & Lehr; 3 years as general counsel for Wharton Econometric Forecasting Associates; and 23 years as the associate provost & legal counsel for academic affairs at Rider University. His academic career also includes stints as a faculty member at UT-Austin and Widener Law School, and communication director at Case Western Reserve.
Currently, he devotes his time to a wide range of professional activities, including writing, teaching, training, consulting, and the continued practice of law. He is the chief consultant for Holland Media Services, LLC, a freelance writing, training, and communications company with offices in Los Angeles and Philadelphia. He also is president of Casta Volte Due, Inc., a day-trading company; Of Counsel to Washington International Business Counsel; and, an adjunct professor of law at Drexel University.
Between COVID and Supreme Court rulings, it’s more difficult than ever to lawfully terminate protected-class employees – but sometimes, it needs to be done. We’ll help you navigate complicated and changing laws regarding protected-class employees so you can do what’s best for your organization while staying compliant.
If you'd like this program customized for your organization, call us at 1-800-964-6033. We're certain we can fulfill your training needs, while making it fit in your budget!