Voluntary Diversity Initiative or Unlawful Discriminatory Preference?
Minimizing Exposure to Discrimination Claims When Implementing Inclusion Programs
Recording of a 90-minute CLE webinar with Q&A
This CLE course will prepare employment counsel to develop and implement workplace diversity and inclusion programs. The panel will offer steps to mitigate risk, and will also review the OFCCP's affirmative action enforcement agenda and outline best practices for recruitment, as well as documentation relating to the same.
Outline
- Current legal and business trends regarding workplace diversity and inclusion
- Legal considerations with diversity programs
- Absence of diversity programs as evidence of discrimination
- Failure to meet diversity goals as evidence of discrimination
- Presence of diversity programs as evidence of reverse discrimination
- Attorney-client and work-product privileges
- Other considerations
- OFCCP enforcement of affirmative action
- Who is covered
- EEO-1 reporting requirements
- Key issues in OFFCP audits
- Potential pitfalls in affirmative action compliance
Benefits
The panel will review these and other key questions:
- In what circumstances might an employer's attempts to implement diversity and inclusion measures amount to employment discrimination based on race, gender or another protected status?
- How can employers recruit diverse candidates without creating potential liability for reverse discrimination?
- How can the atty-client privilege and work-product doctrine be used to protect diversity analysis documents from discovery in discrimination lawsuits?
- What steps should federal contractors and subcontractors take to ensure that their affirmative action plans will withstand more rigorous OFCCP audits?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Faculty
Margaret L. Watson
Of Counsel
McElroy Deutsch Mulvaney & Carpenter
She has more than 20 years litigation experience in employment law, alternative dispute resolution programs and... | Read More
She has more than 20 years litigation experience in employment law, alternative dispute resolution programs and internal investigations. Her areas of expertise include Title VII discrimination actions, whistleblower and retaliation claims and all aspects of employee relations. She has served as trial counsel in both federal and state courts, as well as in arbitrations before FINRA, AAA and JAMS.
CloseTravis Gemoets
Partner
Jeffer Mangels Butler & Mitchell
He represents management in all facets of labor and employment law, including claims of discrimination, harassment,... | Read More
He represents management in all facets of labor and employment law, including claims of discrimination, harassment, wrongful termination, wage/hour class actions, trade secrets, unfair competition, union/management relations and workplace violence. He advises employers on these areas as well as on disability and religious accommodation, protected absences, and personnel policies and handbooks.
CloseChristine Hendrickson
Senior Counsel
Seyfarth Shaw
She is a member of the firm’s Labor and Employment OFCCP Compliance, Affirmative Action & Diversity Team. She... | Read More
She is a member of the firm’s Labor and Employment OFCCP Compliance, Affirmative Action & Diversity Team. She assists clients of all sizes and industries in matters involving OFCCP proceedings, including audits, enforcement actions, and other litigation. She also provides strategic advice and counseling to employers on diversity programs, pay equity and employment compliance diagnostics.
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