For over two decades, Pam Howland, with her extensive experience in employment law, has witnessed employers repeatedly make the same costly mistakes. That’s where Law for Leaders™ comes in, offering the tools and knowledge to spot issues before they escalate. In this first video, we provide an overview of the critical topics to follow. Get equipped to proactively identify and address issues, safeguard your business from potential trouble, and elevate your leadership in compliance.

Session Resources

Session 1 PowerPoint

Questions to Ask Checklist 1.1

Session 2 explores the basics of Title VII, the Idaho Human Rights Act, and other laws that prohibit discrimination and harassment in the workplace. It will provide legal updates relating to gender identity, sexual orientation, and pregnancy protections that have been recently enacted. You will learn the basic principles needed to avoid workplace claims of harassment and discrimination in the wake of #MeToo.

Session Resources

Session 2 PowerPoint

Avoiding Discrimination and Harassment Claims Checklist 2.1

Ensure Harassment & Discrimination Policies are Up-to-Date Checklist 2.2

EEOC Chart of Risk Factors for Harassment and Responsive Strategies 2.3

EEOC Checklist 1: Leadership and Accountability 2.4

EEOC Checklist 2: An Anti-Harassment Policy 2.5

EEOC Checklist 3: A Harassment Reporting System and Investigations 2.6

EEOC Checklist 4: Compliance Training 2.7

Link to #ThatsHarrassment YouTube

Session 3 focuses on the proper response to a complaint of harassment or discrimination. This includes having clear anti-harassment and anti-discrimination policies that are outlined in your handbook, and a detailed investigation policy on how a claim will be handled. The presentation answers the questions of who should lead the investigation, who should be involved in the investigation, and how the investigation should be conducted. Furthermore, it highlights the importance of employee due process and ensuring all complaints are taken seriously.

Session Resources

Session 3 PowerPoint

Investigation Checklist

Session 4 discusses discipline and termination, and specifically why documentation is so important when discussing them. This includes the need to show fairness and convey expectations to employees. The session talks about at-will employment and the potential pitfalls if no documentation is taken during termination. Additionally, it discusses what your documentation should include and how good documentation can significantly bolster your defense against a claim.

Session Resources

Session 4 PowerPoint

Termination Checklist 4.1

Session 5 delves into hiring best practices. This includes questions to ask and avoid, strategies to use while interviewing, and easy practices to implement to ensure your hiring practices are compliant with the law. It also stresses the importance of changing interviewer mindsets from finding the right fit for the company to finding the most qualified person for the job. Furthermore, session 5 touches on social media in hiring and applicable laws to keep in mind as you work through the hiring process.

Session Resources

Session 5 PowerPoint

Hiring Cheklist – Guidlines on Interview Questions 5.1

Session 6 is a deep dive into the ADA (Americans with Disabilities Act) and why disability claims top the list of employer challenges. It answers the questions of what qualifies as a disability, what the interactive process is, and what reasonable accommodations are. The video also offers guidance on navigating the grey areas and common ADA pitfalls faced by employers. Furthermore, it stresses the importance of well-defined job descriptions and essential functions while moving through the ADA process.

Session Resources

Session 6 Powerpoint

ADA Checklist 6.1

Sample ADA Accommodation letter

Session 7 focuses on the ADA as it relates to mental health, highlighting the challenges employers face in addressing these issues. It explores the complexity of invisible disabilities, which can be sudden, temporary, or episodic, and delves into what triggers ADA compliance. The presentation delves into reasonable accommodations for Mental Disabilities and provides guidance on handling employees in mental health crises, including the involvement of healthcare providers. It also offers potential resources and courses of action while emphasizing the importance of patience and adherence to formal processes, instead of relying on personal experience.

Session Resources

Session 7 Powerpoint

ADA and Mental Health Checklist 7.1

Session 8 explores the tricky and complex issues of drugs and alcohol in the workplace. The presentation equips viewers with the skills to spot, identify, and analyze such issues effectively and in a time-sensitive manner. It covers knowing who to engage in discussions, taking appropriate action when an impaired employee is reported, and discerning between substances and the protections linked to them. The goal is to preempt safety issues, workplace injuries, low employee morale, employer liability, and reputational damage, all while ensuring compliance with state and industry laws.

Session Resources

Session 8 Powerpoint

Drugs and Alcohol in the Workplace Checklist 8.1

Session 9 delves into the intersection of the ADA (Americans with Disabilities Act), FMLA (Family and Medical Leave Act), and Worker’s Compensation. It explores what unfolds when an employee sustains a workplace injury, deciphering when these statutes come into play individually and, more complexly, when all three apply simultaneously. This presentation also offers insights into how these regulations interact, addresses concerns of fraud or abuse, and provides valuable tips on navigating these intricate topics. Additionally, it covers the importance of having current leave policies in place and ensuring they are being followed.

Session Resources

Session 9 Powerpoint

Session 10 focuses on safeguarding business secrets and preserving your competitive advantage in the marketplace. It covers topics such as handling trade secrets and confidential, and proprietary information. It addresses non-compete and non-solicitation agreements, when to use them, and tips on enforcing them. Additionally, it provides guidance on actions to take when parting ways with a key employee, strategies for protecting client lists, marketing plans, pricing, and financial data, as well as recommended tools and best practices.

Session Resources

Session 10 Powerpoint

Session 11 is a deep dive into retaliation and whistleblowing, covering their definitions, significance, and strategies to prevent such issues. It discusses protected activities, adverse actions, and the need to consider appearance and timing carefully. The presentation also dives into understanding state whistleblower statutes, more specifically The Idaho Protection of Public Employees Act. Additionally, it addresses why employees bring retaliation and whistleblowing claims and the importance of implementing effective policies to mitigate risks.

Session Resources

Session 11 Powerpoint

Retaliation Checklist 11.1

Session twelve centers around fostering a respectful workplace beyond the legal requirement. Potentially a bit overlooked considering these issues aren’t explicitly written in the law, these concepts are as important as any you’ve learned so far. Many claims can originate from these basic concepts and snowball into much larger issues if not dealt with the care and importance they deserve. This video talks about how to tackle this issue and includes best practices to create a good workplace culture.

Session Resources

Session 12 PowerPoint