Getting Through the Legal Process [HR0305]

Overview/Description
 An employee files a formal claim of sexual harassment with management. What are the next steps? This course will introduce you to the basic legal procedures any smart manager will follow, starting with conducting an internal investigation. You'll learn how to get at the truth by using a fact-finding team and asking effective questions, while maintaining high productivity and morale. An investigation can be hard on an organization. Learn how to take corrective action, negotiate a reasonable settlement with the victim, and pull the company back together without allowing recurrences. If you have to go to court over a claim of sexual harassment, knowing what to expect can improve your chances of a successful outcome. You'll learn how the EEOC, the federal agency at the heart of most harassment lawsuits, typically handles a case. You'll also get some sound advice on how to proceed if your case is in the hands of a state agency instead, and how to evaluate your chances if you are offered the option of arbitration. Then you'll cover how to interview, hire, and work with a defense attorney and learn about other legal actions that can come out of a sexual harassment suit. Finally, in lesson four, you'll learn the differences among compensatory, punitive, and pecuniary damages, as well as recognize some of the other actions a judge may order. This SkillSoft product has been reviewed by the Employment Practices Group of Sheehan, Phinney, Bass + Green.

Target Audience
 Training Managers, Human Resource Managers, Functional Managers

Expected Duration
4.5 hours

Lesson Objectives:

Conducting an Internal Investigation

  • recognize effective ways to conduct an impartial and effective investigation when a claim of sexual harassment is filed.
  • identify how to set up a fact-finding team and conduct an investigation.
  • identify how a manager should question the involved parties during the investigation of a claim of sexual harassment.
  • identify steps to take to keep morale and productivity up during the investigation.
  • identify true statements regarding how to use mediation and reach a mutually satisfactory conclusion to the investigation.

    • Closing the Case

  • recognize ways to close the case at this stage through corrective action, negotiation, and return to normalcy.
  • identify factors to consider when deciding the consequences of sexual harassment.
  • label statements "helpful" or "not helpful" for negotiating a legal and equitable settlement for the victim.
  • identify steps to take to help coworkers and the organization return to normal.
  • identify steps to take to prevent a recurrence of sexual harassment within the organization.

    • Going to Court

  • recognize factual statements regarding a sexual harassment claim that escalates to litigation.
  • choose true statements about EEOC and procedures regarding sexual harassment lawsuits.
  • choose true statements about state regulations and procedures regarding sexual harassment lawsuits.
  • identify wise and unwise methods to use when working with your attorney in a sexual harassment defense.
  • identify characteristics of arbitration.
  • identify other legal actions that can emerge from a case of sexual harassment.

    • Damage Awards

  • recognize appropriate damage awards from the employer for sexual harassment.
  • identify true statements regarding compensatory damage awards.
  • identify true statements regarding punitive damage awards.
  • identify true statements regarding pecuniary damage awards.

    • Course Number: HR0305