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Overview:

As the COVID-19 pandemic continues to impact workplace situations in the U.S., the Equal Employment Opportunity Commission (EEOC) recently released guidance to clarify employers’ growing concern on the application of Americans with Disabilities Act (ADA) and other EEOC laws. It includes guidance on reasonable accommodation for employees who are returning to work and at risk of COVID-19, as well as a definitive advice in dealing with COVID-19-related discrimination and harassment. The EEOC also warned employers about any unequal treatment of employees in granting flexible work arrangements.

The guidance can significantly help employers implement strategies and best practices to efficiently navigate the effect of COVID-19 in the workplace. Thus, they must keep themselves abreast of all updates to maintain workplace and employee safety. They must also revisit their programs and practices to ensure compliance.

In this LIVE Webcast, labor and employment attorneys Tiffany Snow (Varnum LLP) and Jennine DiSomma (Saiber) will provide an in-depth discussion of the recent trends and developments in EEOC. Speakers will also present compliance hurdles amid the COVID-19 crisis and offer best practices to avoid red flags.

Key issues include:

  • Regulatory Trends and Updates in EEOC
  • Covid-19 Implications in the Workplace
  • Compliance Issues and Challenges
  • Best Practices
  • Outlook

Credit:

Course Level:

Intermediate

 

Advance Preparation:

Print and review course materials

 

Method of Presentation:

On-demand Webcast (CLE)

 

Prerequisite:

General knowledge of employee benefits laws

 

Course Code:

149110

 

NY Category of CLE Credit:

Areas of Professional Practice

 

Total Credit:

1.0 CLE

 


CLE State Requirements:

https://knowledgewebcasts.com/cle-state-requirements/

Speaker Panel:

Tiffany Snow, Attorney
Varnum LLP

Tiffany Snow is a labor and employment attorney in the Birmingham office of Varnum LLP. She represents employers in discrimination and harassment claims, conducting client internal investigations and frequently appearing before Michigan Department of Civil Rights and the Equal Employment Opportunity Commission.

Tiffany also works on labor relations issues and counsels clients on unemployment insurance tax matters. She is a skilled presenter, providing workforce training to clients on such matters as internal investigations, discrimination/harassment and inclusion in the workplace and employee grievance processing. She has conducted more than 20 such trainings in the past two years.

Tiffany has unique experience from the employer perspective, having served as a senior account manager at a regional staffing firm for many years prior to entering the legal profession.

Jennine DiSomma, Member
Saiber

Jennine DiSomma represents management in all aspects of employment and labor law, including labor arbitrations, unfair labor practices before the National Labor Relations Board, matters before the United States, New York and New Jersey Department of Labor, and matters before the Equal Employment Opportunity Commission, the New York State Commission on Human Rights and the New Jersey Division on Human Rights.

Jennine has successfully defended numerous wrongful discharge, discrimination and retaliation cases in both federal and New York and New Jersey state courts. Jennine also provides employment counseling and legal advice on a wide range of workplace issues including union relations, wage and hour issues, discipline, avoiding claims of discrimination, harassment and retaliation, and leave under the Family and Medical Leave Act.

Agenda:

Tiffany SnowAttorney

Varnum LLP

AND

Jennine DiSommaMember

Saiber

  • SCREENING PROCEDURE
    • What an employer may or may not do or ask (i.e., symptoms, temperature testing and travel) and the privacy, confidentiality and discrimination implications;
    • Methods and extent of inquiry/procedure may vary across industries (i.e. healthcare and/or factory versus office space);
    • Prohibiting those exhibiting symptoms from entering work premises;
    • Implementing procedures for contact tracing
    • Onboarding of new employees
  • TESTING (& DOCTOR’S NOTE) REQUIREMENT
    • Requiring employees to get test for COVID-19 prior to entering workplace;
    • Conditioning return of an employee on a doctor’s note/negative result should employee report s/he sick with COVID-19 or experienced COVID-19 symptoms or exposure to a person with a positive COVID-19 result;
    • What to do if an employee tests positive --
      • Notice to other employees and what you should say;
    • Discuss difficulties employers may face during upcoming flu-season where symptoms overlap with COVID-19
  • PPE IN THE WORKPLACE (?)
    • Employers may require employees wear personal protective equipment (PPE) (face masks, gloves, etc.) --
      • Consideration to be given as to when and where appropriate;
      • May vary depending on industry;
    • Possibility of refusal to wear PPE in workplace on the basis of some protective belief --
      • Medical (ADA) – reasonable accommodation triggered;
  • Accommodations and Leave of Absence in time of Covid-19
    • Use of PTO –
      • Illness vs. quarantining;
    • FMLA and Medical Leave
  • ADDRESSING HARASSMENT/DISCRIMINATION IN THE WORKPLACE DUE TO COVID-19
    • Reduction/prevention of harassment and discrimination
    • Types of harassment/discrimination
    • Process to follow when learning of potential harassment/discrimination

Date & Time:

Wednesday, September 30, 2020

12:00 pm to 1:00 pm (ET)

Materials:

Download Course Materials

Who Should Attend:

  • Labor and Employment Lawyers
  • Human Resource Executives
  • In-house Counsel
  • Compliance Executives

SPEAKERS

Tiffany SnowAttorney
Varnum LLP
Jennine DiSommaMember
Saiber

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