“Textual Harassment”: New Employer Risk From Text Messages, Email and Internet Communications
Avoiding, Investigating and Defending Employee Race, Sex and Disability Claims
Recording of a 90-minute CLE webinar/teleconference with Q&A
Conducted on Tuesday, January 19, 2010
Recorded event now available
This CLE webinar will discuss emerging trends in so-called textual harassment claims, including legal challenges facing employers as they investigate and litigate such cases. The panel will outline best practices to minimize liability for harassment claims based on internet and text messaging.
Description
Advances in digital technology increase workplace productivity, but also give employees a new channel for harassing co-workers and subordinates. Lawsuits alleging discriminatory harassment via the Internet, email and text messages are on the rise, creating a serious new concern for employers.
In light of this trend, employers must develop and enforce clear policies governing such communications. Employers and counsel must also initiate new systems to monitor employee use, immediately address any reported harassment, and develop defenses to lawsuits alleging electronic harassment.
Investigating and litigating “textual harassment” claims also involves delicate employee privacy concerns and complex discovery and evidentiary issues. Companies can face millions of dollars in expenses, settlement costs and legal fees for failing to appropriately respond to harassment claims.
Listen as our panel of employment law attorneys explains how counsel for employers are responding to textual harassment cases, including the legal challenges involved in investigating and litigating such cases and best practices to minimize liability for harassment claims.
Outline
- Textual harassment
- Common legal claims
- Litigation trends
- Legal issues raised in harassment investigations and litigation
- Employer monitoring vs. employee privacy
- Discovery issues
- Evidentiary issues
- Strategies to minimize liability for harassment claims
- Develop and implement comprehensive electronic communications policies
- Investigating claims
- Criteria for an effective investigation
- Planning the investigation—attorney-client privilege, confidentiality issues
- Documenting the investigation
- Litigation strategies
- Faragher-Ellerth affirmative defense
- Dispositive motions
Benefits
The panel will review these and other key questions:
- How has the rapid increase in the use of text messages and email by workers created new liability risks for employers?
- How can employers balance the need to monitor employee use of digital devices for improper use with employee privacy rights?
- What common mistakes do employers make in investigating claims of harassment via technology and how can they be avoided?
- What legal challenges do employment litigators face when defending harassment cases based on text messages, email or the Internet?
Faculty
Eric L. Barnum,
Partner
Schiff Hardin, Atlanta
He is an experienced trial lawyer practicing in all areas of employment law and litigation, including wrongful discharge, discrimination and hostile environment harassment litigation, labor arbitration and analysis of personnel practices and procedures. He frequently conducts educational seminars for lawyers and human resource professionals on various aspects of developing employment law.
Clint D. Robison,
Partner
Hinshaw & Culbertson, Los Angeles
He handles all aspects of employment litigation and advice, including wage and hour matters, discrimination claims, employment contracts, trade secret issues, retaliation claims, sexual harassment claims, and Americans with Disabilities Act (ADA) issues. His clients include financial institutions, restaurants, manufacturers, insurance companies and other business entities.
Todd A. Smith,
Mediator and Attorney
The Law Office of Todd A. Smith, Los Angeles
He serves as a mediator in litigated and non-litigated matters, with an emphasis on employment disputes. He also provides limited employment-related legal services, including workplace investigations, drafting and negotiating employment contracts and severance agreements, and developing and implementing internal policies and procedures. He also teaches employment law at Southwestern Law School.
Ordering
Online CLE - Audio Recording
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CLE:
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Customer Reviews
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Sands Anderson Marks & Miller
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Vestcom International
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Pfizer
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Donahue Tucker & Ciandella
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Sullivan, Ward, Asher & Patton
Employment & ERISA Advisory Board
Partner
Littler Mendelson
Partner
Perkins Coie
Partner
Wick Phillips
Shareholder
Littler Mendelson
Shareholder
Greenberg Traurig
Partner
Gibson Dunn & Crutcher
Partner
Gladstone Michel Weisberg Willner & Sloane
Shareholder
Greenberg Traurig
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