The Implications of Whistleblower Laws & Free Speech Claims
|
|
- Henry Sims
- 5 years ago
- Views:
Transcription
1 The Implications of Whistleblower Laws & Free Speech Claims Presented By: Michael J. Rose, Managing Partner Cindy M. Cieslak, Senior Associate FordHarrison LLP, Hartford Office November 8, 2016
2 How FordHarrison, LLP can better assist municipalities FordHarrison has established a hotline with the Connecticut Interlocal Risk Management Agency ( CIRMA ) in which all CIRMA LAP members can participate. The hotline was developed to provide municipalities with a prompt response to emerging issues within the workplace. Each municipality who utilizes the hotline will receive up to one hour per month of complementary legal advice. If more than an hour is necessary to resolve the issue for which you used the hotline, services are billed at a negotiated rate through CIRMA. Plus, access to newsletters and legal alerts relating to employment law. Hotline Information Phone: cirmahotline@fordharrison.com
3 Topics to be Covered Laws that protect whistleblowers and govern retaliation claims Guidance from case law Elements of a retaliation complaint Defenses to a retaliation claim Best practices when processing a whistleblower complaint Avoiding retaliation claims
4 The Broad Picture Government, including municipalities, may not infringe upon Free Speech Rights of citizens. In some circumstances, government as an employer may curtail disruptive speech. A citizen who accepts public employment must accept certain limitations on his or her freedom.... The government has a substantial interest in ensuring that all of its operations are efficient and effective. That interest may require broad authority to supervise the conduct of public employees. Borough of Duryea v. Guarnieri, 131 S. Ct. 2488, 2494 (2011). However, it is illegal for employers to take adverse employment actions against employees that could be deemed to chill an employee s exercise of his or her legal rights.
5 Laws that Govern Whistleblower Claims The First Amendment of the United States Constitution The Connecticut Constitution, article first, 4 and 14 Conn. Gen. Stat q Conn. Gen. Stat m Anti-retaliation provisions of Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act. Miscellaneous Connecticut Statutes
6 The First Amendment The First Amendment applies to public sector employment. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
7 First Amendment: Analysis To be protected: 1) Participation must be as a citizen, not as an employee. 2) The conduct must be on a matter of public concern. 3) The employee s interest in engaging in the conduct must outweigh the employer s right to control its employees.
8 First Amendment Analysis As a citizen Pursuant to Garcetti v. Ceballos, 547 U.S. 410, 421 (2006), public employees do not speak as citizens for First Amendment purposes when they make statements pursuant to their official job duties. This is true even if the statement is on a matter of public concern. Ross v. Breslin, 693 F.3d 300, 305 (2d Cir. 2012) Example: Ceballos was a prosecutor who believed that an affidavit used to obtain a search warrant contained serious misrepresentations. He expressed his opinion about the affidavit and his recommendation for future action in a memorandum to his supervisor. Despite the plaintiff s concerns, his supervisor decided to move forward with the prosecution. During a hearing on a related motion, the defense called Ceballos who testified about his observations of the affidavit. The Supreme Court found the speech not protected by the First Amendment. Ceballos wrote his disposition memo because that is part of what he, as a calendar deputy, was employed to do. It is immaterial whether he experienced some personal gratification from writing the memo; his First Amendment rights do not depend on his job satisfaction. The significant point is that the memo was written pursuant to Ceballos' official duties.
9 First Amendment Analysis On a matter of public concern Connick v. Myers, 461 U.S. 138, (1983) instructs courts to begin by considering whether the expressions in question were made by the speaker as a citizen, upon matters of public concern. Connick defined a matter of public concern as one that relat[es] to any matter political, social or other concern by the community. It is not a matter of personal interest, i.e. employee grievances/dissatisfaction with his/her treatment, lawsuits that do not address systemic practices. In making this inquiry, the Court looks to the content, form and context of a given statement.
10 First Amendment Analysis Pickering Test If the Court finds that the speech touched upon a matter of public concern, it must then weigh the employee s interest, as a citizen, in commenting upon the matter, and the interest of the government, as an employer in promoting the efficiency of the public services it performs through its employees. Pickering v. Bd. of Educ., 391 U.S. 563, 568 (1968). Recent examples of cases in which the scale tipped in favor of the Employer Looney v. Black Lynch v. Ackley
11 Connecticut Constitution Article first, Section 4 Every citizen may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that liberty. Article first, Section 14 The citizens have a right, in a peaceable manner, to assemble for their common good, and to apply to those invested with the powers of government, for redress of grievances, or other proper purposes, by petition, address or remonstrance.
12 Conn. Gen. Stat q Any employer, including the state and any instrumentality or political subdivision thereof, who subjects any employee to discipline or discharge on account of the exercise by such employee of rights guaranteed by the first amendment to the United States Constitution or section 3, 4 or 14 of article first of the Constitution of the state, provided such activity does not substantially or materially interfere with the employee's bona fide job performance or the working relationship between the employee and the employer, shall be liable to such employee for damages caused by such discipline or discharge, including punitive damages, and for reasonable attorney's fees as part of the costs of any such action for damages.
13 Case Law Update: Trusz v. UBS Realty Investors, LLC, 319 Conn. 175 (Oct. 1, 2015). Speech pursuant to state constitution is not analyzed under Garcetti; rather it is analyzed under a modified balancing test is applied Under this test, the employee can prevail only if he/she speaks on a matter of unusual importance and satisfies high standards of responsibility in the way he/she does it. Specifically, only comment on official dishonesty, deliberately unconstitutional action, other serious wrongdoing, or threats to health and safety can weigh out in an employee s favor when an employee is speaking pursuant to official job duties. However, speech pursuant to an employee s official duties regarding a mere policy disagreement with the employer is not protected, even if it pertains to a matter of public concern and has little effect on a legitimate employer interest.
14 Case Law Update: Trusz v. UBS Realty Investors, LLC, 319 Conn. 175 (Oct. 1, 2015). Implications: Internal whistleblowers will have greater protections from discipline or discharge under 31-51q as long as they can show that the speech does not substantially or materially interfere with the employee s bona fide job performance or the working relationship between the employee and the employer.... Plaintiffs lawyers are more likely to plead their clients claims of discipline or discharge under the State Constitution as the standard is seemingly more favorable to employees than Garcetti.
15 Conn. Gen. Stat m No employer shall discharge, discipline or otherwise penalize any employee because (1) the employee, or a person acting on behalf of the employee, reports, verbally or in writing, a violation or a suspected violation of any state or federal law or regulation or any municipal ordinance or regulation to a public body, (2) the employee is requested by a public body to participate in an investigation, hearing or inquiry held by that public body, or a court action, or (3) the employee reports a suspected incident of child abuse or neglect pursuant to sections 17a-101a to 17a- 101d, inclusive, or 17a-103. No municipal employer shall discharge, discipline or otherwise penalize any employee because the employee, or a person acting on behalf of the employee, reports, verbally or in writing, to a public body concerning the unethical practices, mismanagement or abuse of authority by such employer. The provisions of this subsection shall not be applicable when the employee knows that such report is false.
16 Elements of a Whistleblower Retaliation Claim 1) The employee engaged in a protected activity as defined by the statute. 2) The employee was subsequently subjected to an adverse employment action. Sometimes limited by the specific whistleblower statute to discipline or discharge If not limited by statute, it is more broad: a materially adverse change in the terms or conditions of employment o o o Does not include everyday workplace grievances, disappointments, and setbacks However, courts have held that adverse employment actions in a claim for retaliation may include employer conduct that seems less severe than the traditional termination or suspension. It does not have to include a loss of pay. An action that results in a significant disadvantage to the employee A plaintiff must show that a reasonable employee would have found the challenged actions materially adverse, which in this context means it might well have dissuaded a reasonable workers from making or supporting a charge of discrimination. 3) There was a causal connection between the employee s participation in the protected activity and the adverse employment action.
17 Defenses to a Retaliation Claim Mt. Healthy City Sch. Dist. Bd. of Educ. v. Doyle, 429 U.S. 274 (1977) The employee has the initial burden to show that the protected speech was a motivating factor in the adverse employment action. The employer then has the opportunity, as an affirmative defense, to show by a preponderance of the evidence that it would have reached the same decision... even in the absence of the protected conduct. Therefore, even where an employee s speech was protected, if the employer can demonstrate that the adverse employment action would have been taken despite the protected speech, the employer will not be held liable.
18 Best Practices When Processing Whistleblower Complaints Promptly begin the investigation. Complete the investigation as soon as possible while maintaining thoroughness. Take notes during the investigation, including interviews with witnesses. Advise the complaining party that retaliation is illegal and that they should report any retaliation. Advise involved individuals they can be held personally liable for violating whistleblower statutes. The person who conducts the investigation should be: Someone not involved in the complaint, and, if possible, someone from outside the department Human resources or someone who has been trained in conducting investigation Someone who can be impartial Someone who can spend the time conducting the investigation Someone very detail oriented Perhaps a referral to outside counsel is appropriate
19 Utilizing an Ombudsman We suggest that the officer at the highest level of the municipality appoint a second individual to act as ombudsman. It is critical that the ombudsman: o have appropriate training in state and federal discriminatory practice law; o have the intellectual capacity to conduct a thorough and searching assessment of the discipline/remediation; and o have the political independence to properly identify disciplinary actions which may be, in fact, tainted by a retaliatory flavor. o be prepared to conduct the very same inquiry that a good plaintiff s lawyer would conduct: a comparison of the performance of the protected employee to his or her peers, a vigorous comparison of the employees opportunities for advancement as opposed to his or her peers; and the level of discipline afforded to all similarly situated employees. The ombudsman would conduct a de novo review of claims of retaliation. This process allows the supervisor to be free to continue supervising the employee. The entity would have established a secondary reporter to vigorously investigate any claims of retaliation.
20 When Performance Issues Pre-Date the Whistleblower Complaint An employee who blows the whistle may, however, also have performance issues that began prior to the employee s report, or while you are investigating a whistleblower complaint. Performance deficiencies must be addressed and/or corrected for the smooth operation of government. When the supervisors attempt to implement their remediation plan, it should be expected that the employee will claim retaliation.
21 Avoiding Whistleblower Retaliation Claims Define each of your employees official job duties with clarity. Job descriptions should be specific Update job descriptions regularly Take a proactive approach Provide initial training to employees Re-train employees periodically, and especially after a complaint is received Avoid blanket prohibitions on certain types of speech Have clear and detailed anti-discrimination/anti-retaliation policies Have a written complaint process for managing whistleblower complaints Make sure any discipline that is issued after an employee makes a complaint is meted out evenhandedly and does not exceed what is warranted for any employer misconduct
22 Questions? Michael J. Rose, Managing Partner Cindy M. Cieslak, Senior Associate DISCLAIMER :This seminar is intended to be for informational and educational purposes only and does not constitute legal advice. If you have any questions about the content of these materials, or are in need of legal advice, please feel free to contact Michael J. Rose or the FordHarrison attorney with whom you usually work.
City of Racine Harassment and Retaliation Policy
Issue Date: March 10, 2006 City of Racine Harassment and Retaliation Policy Revision(s): 6/0/08; 4/20/12 Pages: 7 Policy Source: Wisconsin Statutes, sect. 111.31 111.39; Title VII of the 1964 Civil Rights
More informationMinnesota House of Representatives POLICY AGAINST DISCRIMINATION AND HARASSMENT
Minnesota House of Representatives POLICY AGAINST DISCRIMINATION AND HARASSMENT Adopted by the House Committee on Rules and Legislative Administration, Approved February 21, 2001 Revised June 4, 2008 This
More informationDATE ISSUED: 10/14/ of 6 UPDATE 103 DG(LEGAL)-P
Employee Free Speech Whistleblower Protection Definitions District employees do not shed their constitutional rights to freedom of speech or expression at the schoolhouse gate. However, neither an employee
More informationDATE ISSUED: 9/27/ of 6 UPDATE 103 DG(LEGAL)-P
Employee Free Speech Whistleblower Protection Definitions District employees do not shed their constitutional rights to freedom of speech or expression at the schoolhouse gate. However, neither an employee
More informationDATE ISSUED: 9/28/ of 6 UPDATE 103 DG(LEGAL)-P
Employee Free Speech Whistleblower Protection Definitions District employees do not shed their constitutional rights to freedom of speech or expression at the schoolhouse gate. However, neither an employee
More informationTriple C Housing, Inc. Compliance Plan
Triple C Housing, Inc. Compliance Plan Adopted by Board of Directors on draft November 13, 2014 Overview Triple C Housing, Inc. is committed to its consumers, employees, contractual providers, vendors,
More informationSOCIAL MEDIA AND THE WORKPLACE
SOCIAL MEDIA AND THE WORKPLACE Presented By: Ronni M. Travers, SPHR, President Public Sector HR Consultants LLC Office: (518) 399-4512 Email: rtravers@publicsectorhr.org Quick Survey of Attendees 1. Who
More informationGRIEVANCE PROCEDURE POLICY
Policy Topic: Grievance Procedure Policy Contact: Human Resources Version: II Effective : 8/14/17 Approved By: HR/Legal/City Manager GRIEVANCE PROCEDURE POLICY Application The grievance procedure below
More informationALLEGHENY COUNTY DEPARTMENT OF HUMAN RESOURCES POLICIES AND PROCEDURES
ALLEGHENY COUNTY DEPARTMENT OF HUMAN RESOURCES POLICIES AND PROCEDURES ANTI DISCRIMINATION-HARASSMENT-RETALIATION POLICY AND COMPLAINT AND REPORT PROCEDURE Policy #202 Date Issued: February 1, 2005 Page
More informationSHIVALIK BIMETAL CONTROLS LIMITED SHIVALIK BIMETAL CONTROLS LTD. WHISTLE BLOWER POLICY
SHIVALIK BIMETAL CONTROLS LTD. WHISTLE BLOWER POLICY WHISTLE BLOWER POLICY SHIVALIK BIMETAL CONTROLS LIMITED 1. APPLICABILITY This policy applies to all the permanent employees and directors of the Company.
More informationNORTH CAROLINA AGRICULTURAL AND TECHNICAL STATE UNIVERSITY UNLAWFUL WORKPLACE HARASSMENT PREVENTION
Unlawful Workplace Harassment page 1 NORTH CAROLINA AGRICULTURAL AND TECHNICAL STATE UNIVERSITY SEC. III-Equal Employment Opportunity 1.0 UNLAWFUL WORKPLACE HARASSMENT PREVENTION 1. POLICY STATEMENT ADMINISTRATIVE
More informationCode of Conduct INTRODUCTION
INTRODUCTION Kingspan Group plc is committed to acting responsibly in its business, and maintaining high standards of ethics and integrity in all its dealings with its stakeholders, be they investors,
More informationWHISTLE BLOWER POLICY
WHISTLE BLOWER POLICY Version 1.3 0 P a g e Contents Preamble... 1-1 Applicability... 1-1 Objectives... 1-1 Policy...1-1 Definitions...2-3 Guidelines...3-8 0 P a g e WHISTLE BLOWER POLICY PREAMBLE Adherence
More informationThe section regarding EEO Counselors is being revised. Please contact the EEO Office for further information.
3.000 Equal Employment Opportunity - Departmental Roles and Responsibilities The Director establishes policies on nondiscrimination and is responsible for the overall implementation of the departmental
More information~ WORKERS RIGHTS CLINIC ~ The Minimum Wage. When should you receive more than the minimum wage?
The Minimum Wage In AZ, the minimum wage is $10.50/hr. Almost all workers in Arizona have the right to receive the minimum wage. Your immigration status doesn t matter at all. When should you receive more
More informationANTI-UNION DISCRIMINATION
United Union Employees C S E A COMBATING ANTI-UNION DISCRIMINATION A CSEA PRIMER Local 1000 AFSCME, AFL-CIO Danny Dononue, President Prepared and Copyrighted by CSEA Legal Department January 2013 UUE TABLE
More informationBROCKTON AREA MULTI-SERVICES, INC. ORGANIZATION AND POLICY GUIDE. Policy for the Prevention and Elimination of Sexual Harassment in the Workplace
Page 1 of 14 POLICY: It is the policy of BAMSI that all employees experience a work environment free from all forms of discrimination, including sexual harassment. Sexual harassment undermines the integrity
More informationH 5149 S T A T E O F R H O D E I S L A N D
LC000 01 -- H 1 S T A T E O F R H O D E I S L A N D IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 01 A N A C T RELATING TO LABOR AND LABOR RELATIONS - ABUSIVE WORK ENVIRONMENT PREVENTION ACT Introduced By:
More informationHARASSMENT POLICY. Policy Number 202 Page 1 of 5
Page 1 of 5 Policy: It is the policy of Lee County to provide and maintain a work environment free from harassment. Lee County maintains a strict policy of prohibiting harassment based upon race, sex,
More informationEmployment Law Update
SIGNIFICANT CHANGES TO THE FEHA: ARE YOU PREPARED FOR 2015? Kelly A. Trainer, a partner in Burke s Orange County office, represents and advises employers on matters involving numerous federal and state
More informationHarassment, Sexual Harassment, Discrimination, and Retaliation
Palm Beach State College Board Policy TITLE Harassment, Sexual Harassment, Discrimination, and Retaliation NUMBER 6Hx 18 5.86 LEGAL AUTHORITY DATE ADOPTED/AMENDED 1001.64 FS, 1001.65 FS, The Americans
More informationPOLICY: The CRC rejects and entirely disapproves of all biased distinctions based on the grounds of:
POLICY: The CRC is committed to the ideals of Canadian Multiculturalism and celebrates the diversity of our employees. As an ethnically and culturally diverse workplace, we encourage our employees to practice
More informationA. EXCEPTIONS Complaints against students should be filed with the Office of Student Conduct and Community Standards.
I. OVERVIEW This procedure establishes the process for the fair, orderly, and timely resolution of grievances raised by Officers of Administrations (OA). Nothing in this procedure or policy shall be interpreted
More informationGRIEVANCE POLICY. Approved by Version Issue Date Review Date Contact Person. SEG, Board 5.1 July 2016 July 2019 Director of HR
GRIEVANCE POLICY This policy is available on-line at: www.tynecoast.ac.uk We will consider any request for this policy to be made available in an alternative format or language. Please note that the College
More informationTucson Fire Department Manuals Section 218
Page 1 of 10 A. General 1. Purpose The Tucson Fire Department is committed to providing equal opportunity to all applicants for employment and to all employees. All members of this Department shall administer
More informationPERSONNEL ISSUES: DISCIPLINE AND TERMINATION
PERSONNEL ISSUES: DISCIPLINE AND TERMINATION : Discipline and Termination EMPLOYMENT LIABILITIES I. The Litigious Workforce A. Employment related lawsuits, while once very rare, have become commonplace
More informationCOUNTY OF ALBEMARLE PERSONNEL POLICY
COUNTY OF ALBEMARLE PERSONNEL POLICY EEOC POLICY STATEMENT INCLUDING SEXUAL HARASSMENT POLICY A. Generally The policies contained in this section set forth provisions for initial and continuous employment
More informationSexual Harassment Policy American Arab Anti Discrimination Committee (ADC)
Sexual Harassment Policy American Arab Anti Discrimination Committee (ADC) The American Arab Anti Discrimination Committee (ADC) is committed to a work environment in which all individuals are treated
More informationNEW JERSEY STATE POLICY PROHIBITING DISCRIMINATION IN THE WORKPLACE
NEW JERSEY STATE POLICY PROHIBITING DISCRIMINATION IN THE WORKPLACE I. POLICY a. Protected Categories The State of New Jersey is committed to providing every State employee and prospective State employee
More informationEFFECTIVELY HANDLING GRIEVANCES. Presented by: Karla Schultz
EFFECTIVELY HANDLING GRIEVANCES Presented by: Karla Schultz Why we do it The Citizens shall have the right, in a peaceable manner, to assemble together for their common good; and apply to those invested
More information12 NYCRR PART PUBLIC EMPLOYER WORKPLACE VIOLENCE PREVENTION PROGRAMS
12 NYCRR PART 800.16 PUBLIC EMPLOYER WORKPLACE VIOLENCE PREVENTION PROGRAMS 800.16-1 1.1 Title and Citation: Within and for the purposes of the Department of Labor, this part may be known as Code Rule
More informationEmployee Dispute Resolution
POLICY: 6Hx28: 3E-09 Responsible Official: Vice President, Organizational Development and Human Resources Specific Authority: 1001.64, F.S. Law Implemented: 1001.64, F.S. Effective Date: 02-26-2014 Employee
More information2017 Labor & Employment Law Conference. Scott Cruz (312)
Help... My Employee is a Member of a Hate Group: Can Employers Terminate Employees for Hate Speech in the Workplace or Participating in Off-Duty Protests? 2017 Labor & Employment Law Conference Scott Cruz
More informationMerit Employee Grievances Guidance and Procedures
Merit Employee Grievances Guidance and Procedures Contents Introduction Informal Grievance Resolution Formal Grievance Resolution & Appeals General Guidance Step 1: File Grievance with Department Head
More informationBlowing the Whistle for Nuclear Safety: An Overview of Federal Whistleblower Protections
Blowing the Whistle for Nuclear Safety: An Overview of Federal Whistleblower Protections by David J. Marshall 1 Katz, Marshall & Banks, LLP www.kmblegal.com Following decades of opposition from environmental
More informationCITY OF VANCOUVER ADMINISTRATIVE REPORT
CITY OF VANCOUVER ADMINISTRATIVE REPORT Report Date: April 30, 2008 Author: Mike Zora Phone No.: 604.873.7666 RTS No.: 06676 VanRIMS No.: 01-0500-21 Meeting Date: May 15, 2008 TO: FROM: SUBJECT: Standing
More informationEqual Employment Opportunity and Anti-Discrimination / Anti-Harassment Policy
Equal Employment Opportunity and Anti-Discrimination / PURPOSE: Anti-Harassment Policy Albany Public Library (the Library ) is an equal opportunity employer. It is also a primary focus of the Library to
More informationTitle: FOSTERING A CULTURE OF RESPECT Reference Number: HR_004 Approved by: Senior Executive Team PHSA Board of Directors BCEHS Board of Directors
Category: Corporate Human Resources Policy Title: FOSTERING A CULTURE OF RESPECT Reference Number: HR_004 Approved by: Senior Executive Team PHSA Board of Directors BCEHS Board of Directors Last Approved:
More informationCHAPTER 48 EMPLOYEE GRIEVANCE PROCEDURE. (1) It is the County's policy to treat all employees fairly and equitably.
CHAPTER 48 EMPLOYEE GRIEVANCE PROCEDURE 48.01 POLICY AND PURPOSE 48.02 DEFINITIONS 48.03 LIMITATIONS 48.04 ADMINISTRATION 48.05 EMPLOYEE DISCIPLINE AND TERMINATION PROCEDURE 48.06 INITIAL GRIEVANCE PROCESS
More informationGENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 H 1 HOUSE BILL 366. Short Title: Retail Workers' Bill of Rights. (Public)
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 0 H 1 HOUSE BILL Short Title: Retail Workers' Bill of Rights. (Public) Sponsors: Referred to: Representatives Brockman, Fisher, Harrison, and Holley (Primary
More informationUniversal Sompo General Insurance Co. Ltd- Whistle Blower Policy
Universal Sompo General Insurance Co. Ltd- Whistle Blower Policy [Type the abstract of the document here. The abstract is typically a short summary of the contents of the document. Type the abstract of
More informationEmployee Free Speech Rights
Employee Free Speech Rights As the United States Supreme Court has observed, employees do not shed their First Amendment rights at the schoolhouse gate. Nevertheless, when employees communications are
More informationCENTENNIAL SCHOOL DISTRICT
No. 317.2 SECTION: EMPLOYEES CENTENNIAL SCHOOL DISTRICT TITLE: EMPLOYEE CODE OF ETHICS ADOPTED: June 13, 2017 REVISED: 317.2 EMPLOYEE CODE OF ETHICS 1. Authority 2. Guidelines All persons employed by the
More informationAll materials Copyright 2011 Kopelman and Paige, P.C.. All rights reserved.
All materials Copyright 2011 Kopelman and Paige, P.C.. All rights reserved. This information is provided as a service by Kopelman and Paige, P.C. This information is general in nature and does not, and
More informationHUMAN RESOURCE POLICIES AND PROCEDURES. Harassment Policy Revision Date: August 11, Date: August 16, Approved by: Human Resources
HUMAN RESOURCE POLICIES AND PROCEDURES Policy: Date: August 16, 2006 Harassment Policy Revision Date: August 11, 2016 Approved by: Human Resources II. I. PURPOSE AND SCOPE The purpose of this Policy is
More informationFOUNDATION BUILDING MATERIALS, INC. EMPLOYEE CODE OF CONDUCT
FOUNDATION BUILDING MATERIALS, INC. EMPLOYEE CODE OF CONDUCT Foundation Building Materials, Inc. (the Company ) conducts its business in accordance with the highest ethical standards of corporate leadership
More informationDefining and Addressing a Community Concern
Defining and Addressing a Community Concern I. WHY IS SEXUAL HARASSMENT A COMMUNITY CONCERN? We cannot tolerate harassment of any member of our community. When sexual harassment occurs, it degrades the
More informationRule 5-111A: Implementation of Staff Corrective and Disciplinary Actions (non-hospital and Clinics-UUHC). Revision 0. Effective Date: October 11, 2011
Rule 5-111A: Implementation of Staff Corrective and Disciplinary Actions (non-hospital and Clinics-UUHC). Revision 0. Effective Date: October 11, 2011 I. Purpose and Scope To provide a corrective action
More informationLouisiana Society for Human Resource Management
Louisiana Society for Human Resource Management 2017 Regular Session Bills of Interest The following are summaries of bills pending before the Louisiana Legislature during the 2017 Regular Session, and
More informationTips to Minimize the Risk of Employment Practices Liability at Your Veterinary Practice Eileen Kuo
Tips to Minimize the Risk of Employment Practices Liability at Your Veterinary Practice Eileen Kuo Discrimination-related lawsuits continue to be the most common employment-related lawsuits that employers
More informationRESPECTFUL WORKPLACE POLICY
RESPECTFUL WORKPLACE POLICY WHAT CONSTITUTES A RESPECTFUL WORKPLACE? A respectful workplace is one where every person in the workplace is free from discrimination and harassment. Pembina Pipeline Corporation
More informationEmployees Rebuttal. 2 HB 591 takes authority away from department heads.
Issue Commissioners Letter Opposing HB 591 - April 2013 1 HB 591 would result in unwarranted and unlimited liability to the State by creating a new and unique cause of action. 2 HB 591 takes authority
More informationStandard Operating Procedures (SOP) Administrative
Page # 1 of 5 Date Last Reviewed/Updated 8/10/2015 Grievances Procedure YVEDDI is committed to providing employees an effective and responsive grievance and conflict resolution process. The purpose of
More informationHiring, Firing and Everything in Between
Hiring, Firing and Everything in Between Iowa Credit Union League Convention September 17, 2015 CUNA Mutual Group Proprietary Reproduction, Adaptation or Distribution Prohibited 2014 CUNA Mutual Group,
More informationCITY OF CHICAGO VIOLENCE IN THE WORKPLACE POLICY
CITY OF CHICAGO DEPARTMENT OF HUMAN RESOURCES DIVERSITY AND EQUAL EMPLOYMENT OPPORTUNITY DIVISION CITY OF CHICAGO VIOLENCE IN THE WORKPLACE POLICY Effective Date: February 1, 2017 I. STATEMENT OF PURPOSE
More informationILLINOIS PERSONNEL RECORD REVIEW ACT
ILLINOIS PERSONNEL RECORD REVIEW ACT EMPLOYMENT (820 ILCS 40/) Personnel Record Review Act. (820 ILCS 40/0.01) (from Ch. 48, par. 2000) Sec. 0.01. Short title. This Act may be cited as the Personnel Record
More informationThis document covers the following topics.
Overview Purpose The County of Sacramento is committed to maintaining a work environment that is free from discrimination. This policy: defines and provides examples of the conduct that is prohibited summarizes
More informationANTI-BULLYING AND HARASSMENT POLICY
Adopted by Council: May 9, 2011 Amended by Council: September 15, 2014 Amended by Council: May 8, 2017 ANTI-BULLYING AND HARASSMENT POLICY The District of Sooke ( District ) respects the rights and interests
More informationCorporate Governance: Sarbanes-Oxley Code of Ethics
Corporate Governance: Sarbanes-Oxley Code of Ethics Latest Update: December 14, 2016 CODE OF BUSINESS CONDUCT AND ETHICS TABLE OF CONTENTS Introduction 1 Purpose of the Code 1 Conflicts of Interest 2 Corporate
More informationOHR POLICY LIBRARY Grievance
OHR POLICY LIBRARY Grievance Responsible Executive: CHRO Originally Issued: August 11, 2008 Revised: June 28, 2017 THE LANGUAGE USED IN THIS DOCUMENT DOES NOT CREATE AN EMPLOYMENT CONTRACT BETWEEN THE
More informationASSEMBLY BILL No. 1582
CALIFORNIA LEGISLATURE 00 0 REGULAR SESSION ASSEMBLY BILL No. Introduced by Assembly Member Koretz (Coauthor: Assembly Member Negrete McLeod) February, 00 An act to add Part (commencing with Section 00)
More informationDelta Dental of Michigan, Ohio, and Indiana. Compliance Plan
Delta Dental of Michigan, Ohio, and Indiana Compliance Plan Procedure #: 420-29 Issue Date: 5/15/2013 Last Revised Date: 5/23/2016 Last Review Date: 5/23/2016 Next Review Date: 5/23/2017 Title: Compliance
More informationNO JOKE APRIL 1, 2016 CHANGES TO FEHA CREATE MORE LIABILITIES FOR EMPLOYERS
NO JOKE APRIL 1, 2016 CHANGES TO FEHA CREATE MORE LIABILITIES FOR EMPLOYERS Starting on April 1, 2016, employers will face more stringent responsibilities in the workplace, as new regulations will go into
More information~ TUCSON IMMIGRANT WORKERS PROJECT ~ The Minimum Wage. When should you receive more than minimum wage?
The Minimum Wage In AZ, the minimum wage is $8.05/hr. Almost all workers in Arizona have the right to receive the minimum wage, $8.05. It is not dependent on immigration status. The only exceptions to
More informationCSL BEHRING COMPLIANCE PLAN
CSL BEHRING COMPLIANCE PLAN I. POLICY AND PURPOSE Statement of Values CSL Behring adheres to a policy of strict compliance with the laws and regulations governing its business, not only as a legal obligation,
More informationGrievance and Appeals
Grievance and Appeals Original Implementation: Unpublished Last Revision: April 12, 2016 It is the policy of the university to seek fair and equitable solutions to grievances arising from the employment
More informationPurpose To establish general guidelines for implementing progressive discipline.
900.1 Progressive Discipline Purpose To establish general guidelines for implementing progressive discipline. Definitions Verbal Counseling is the first step in the disciplinary process in which an employee
More informationMORGAN STATE UNIVERSITY PROCEDURES GOVERNING THE FILING AND PROCESSING OF GRIEVANCES FOR ADMINISTRATIVE STAFF PERSONNEL
A. General Approved Board of Regents September 8, 1976 MORGAN STATE UNIVERSITY PROCEDURES GOVERNING THE FILING AND PROCESSING OF GRIEVANCES FOR ADMINISTRATIVE STAFF PERSONNEL Morgan State University recognizes
More informationLincoln Financial Group Equal Employment Opportunity, Discrimination & Harassment Policies
Lincoln Financial Group Equal Employment Opportunity, Discrimination & Harassment Policies The Company and its business units are committed to a policy of Equal Employment Opportunity. Discrimination or
More informationStaying Alive: Creating an effective compliance and ethics program to prevent and detect employee misconduct.
Staying Alive: Creating an effective compliance and ethics program to prevent and detect employee misconduct. Melinda Burrows* Deputy General Counsel Progress Energy Service Company, LLC INTRODUCTION In
More informationPROGRESSIVE DISCIPLINE
POLICY NUMBER: 10 POLICY:PROGRESSIVE DISCIPLINE EFFECTIVE DATE: October 28, 2011 Randall Reid-Smith, Commissioner PROGRESSIVE DISCIPLINE PURPOSE: The purpose of this policy is to establish uniform guidelines
More informationP-4: Administrative Procedures Discipline of District Employees
P-4: Administrative Procedures Discipline of District Employees REFERENCES Board Policy P-4 Board Policy, P-10, Personnel Evaluations Administrative Procedures for Board Policy P-10 DEFINITIONS Career
More informationSexual Harassment in the Workplace. December 14, 2017 Baird Holm, Omaha, NE
Sexual Harassment in the Workplace December 14, 2017 Baird Holm, Omaha, NE This page intentionally left blank. Workplace Harassment Kelli P. Lieurance Sara A. McCue Background Workplace harassment remains
More informationDISCRIMINATION, BULLYING AND HARASSMENT PREVENTION PROCEDURES
PROCEDURES EFFECTIVE DATE 01-06-2015 LAST AMENDMENT 05-24-2007 DISCRIMINATION, BULLYING AND HARASSMENT PREVENTION PROCEDURES Responsible Department Human Resources Responsible Executive Associate Vice
More informationRODNEY L. PEPE-SOUVENIR, ESQ.
RODNEY L. PEPE-SOUVENIR, ESQ. University Title IX Director Highly accomplished attorney with 20 years experience, which includes 10 years specializing in employment and labor law. Litigated employee discipline
More informationA BILL. Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. This act may be cited as the Act to Establish Pay Equity.
1 1 1 0 1 0 1 0 1 A BILL TO ENACT THE ACT TO ESTABLISH PAY EQUITY ; TO AMEND TITLE 1 OF THE 1 CODE, RELATING TO LABOR AND EMPLOYMENT, BY ADDING CHAPTER, TO PROVIDE THAT NO EMPLOYER SHALL PAY WAGES TO ANY
More informationNOVA SCOTIA ENVIRONMENTAL BILL OF RIGHTS. A Project of the Nova Scotia Environmental Rights Working Group
NOVA SCOTIA ENVIRONMENTAL BILL OF RIGHTS A Project of the Nova Scotia Environmental Rights Working Group Table of Contents Preamble 3 PART I Purposes and Guiding Principles of the Act 4 Purposes of the
More information5-111B: 1. 4, 2017 I.
Rule 5-111B: Corrective Action and Termination Approval Process for University of Utah Hospitals and Clinics Staff. Revision 1. Effective Date: December 4, 2017 I. Purpose and Scope A. To provide a corrective
More informationGRIEVANCE POLICY FOR VOLUNTEER MEMBERS
Virginia Beach Department of Emergency Medical Services HUMAN RESOURCES GRIEVANCE POLICY FOR VOLUNTEER MEMBERS PURPOSE: To provide a policy and procedures to resolve a member s grievance arising from concerns
More informationHow Whistleblower Claims are Changing the Workplace
September 14, 2017 How Whistleblower Claims are Changing the Workplace James R. Erwin Lily B. Rao Agenda Profiling the Whistleblower Whistleblower Statutes Brady v. Cumberland County and the Importance
More informationWhistle Blower Policy. Elecon Engineering Company Ltd.
Elecon Engineering Company Ltd. Document Name EECL Whistle Blower Policy Version Final Created /Approved 4 th August, 2014 Number of Pages 6 EECL s Business Principles set high standards of conduct for
More informationRegulation pertaining to the grievance procedure for academic staff
Regulation pertaining to the grievance procedure for academic staff Table of Contents 1. Introduction... 2 2. Informal action... 3 3. Formal action... 3 Appendix A: Schedule of Ordinances and Regulations...
More informationEmployer Challenges in a #MeToo World. Michael Kraft
Employer Challenges in a #MeToo World Michael Kraft 309.674.1133 mkraft@quinnjohnston.com What is the #MeToo World? Is It Really Any Different? Acting Chair of the EEOC Acting Chair of the EEOC notes that
More informationComputer Programs and Systems, Inc. Code of Business Conduct and Ethics
(as of January 28, 2013) Introduction This sets forth the guiding principles by which we operate Computer Programs and Systems, Inc. (the Company ) and conduct our daily business with our stockholders,
More informationFRESNO COUNTY OFFICE OF EDUCATION PROHIBITION OF EMPLOYEE HARASSMENT: DISCRIMINATION, PHYSICAL, GENDER, PSYCHOLOGICAL AND/OR SEXUAL HARASSMENT
FRESNO COUNTY OFFICE OF EDUCATION PROHIBITION OF EMPLOYEE HARASSMENT: DISCRIMINATION, PHYSICAL, GENDER, PSYCHOLOGICAL AND/OR SEXUAL HARASSMENT STANDARD OPERATION PROCEDURE #1316 Effective: April 7, 1997
More informationRELM WIRELESS CORPORATION (the Company ) CODE OF BUSINESS CONDUCT AND ETHICS
RELM WIRELESS CORPORATION (the Company ) CODE OF BUSINESS CONDUCT AND ETHICS Introduction This Code of Business Conduct and Ethics covers a wide range of business practices and procedures. It does not
More informationCuyahoga County Division of Children and Family Services (CCDCFS) Policy Statement
Cuyahoga County Division of Children and Family Services (CCDCFS) Policy Statement Policy Chapter: Management Policy Number: 10.05.01 Policy Name: Reporting Misconduct Original Effective Date: 05/06/2008
More informationThe Company seeks to comply with both the letter and spirit of the laws and regulations in all jurisdictions in which it operates.
1. Policy Statement CRC HEALTH GROUP, INC. CRC HEALTH CORPORATION CODE OF BUSINESS CONDUCT AND ETHICS It is the policy of CRC Health Group to conduct its business affairs honestly and in an ethical manner.
More informationNew Castle County Ethics Commission GOVERNMENT ETHICS NEW CASTLE COUNTY
New Castle County Ethics Commission GOVERNMENT ETHICS IN NEW CASTLE COUNTY A GUIDE FOR NEW CASTLE COUNTY OFFICIALS AND EMPLOYEES New Castle County Ethics Commission TABLE OF CONTENTS INTRODUCTION...1 Who
More informationCODE OF BUSINESS CONDUCT PENN NATIONAL GAMING, INC.
CODE OF BUSINESS CONDUCT PENN NATIONAL GAMING, INC. (as amended March 27, 2015) INTRODUCTION The reputation and integrity of Penn National Gaming, Inc. and its subsidiaries (the Company ) are valuable
More informationAssume that any action you take could ultimately be publicized, and consider how you and PCA would be perceived. When in doubt, stop and reflect.
CODE OF ETHICS ( Code ) 8.1 Purpose The purpose of the Code of Ethics and Business Conduct is to set forth basic principles to guide you in your day-to-day activities as an employee, officer, or director
More informationMiMedx Group, Inc. Code of Business Conduct and Ethics
MiMedx Group, Inc. Code of Business Conduct and Ethics 1. Introduction. 1.1 The Board of Directors of MiMedx Group, Inc. (together with its subsidiaries, the "Company") has adopted this Code of Business
More informationCODE OF CONDUCT. Document Management
CODE OF CONDUCT Document Management This document is available in multiple languages and may be updated from time to time. For the avoidance of doubt, it is therefore explicitly mentioned that the English
More informationMaintaining a Harassment & Discrimination-Free Workplace. A Guide for Managers & Employees
Maintaining a Harassment & Discrimination-Free Workplace A Guide for Managers & Employees 2 Maintaining a Harassment & Discrimination-Free Workplace A Guide for Managers and Employees 3 2 table of contents
More informationPrevention and Management of Workplace Bullying Policy
Prevention and Management of Workplace Bullying Policy Majestic Hotels June 2016 1. PURPOSE The management of Majestic Hotels is committed to providing a professional, safe and healthy work environment,
More informationRULE 18 DISPUTE RESOLUTION (Revised February 12, 2016; Rule Revision Memo 18D
RULE 18 DISPUTE RESOLUTION (Revised February 12, 2016; Rule Revision Memo 18D Purpose Statement: The purpose of this rule is to provide a process to resolve workplace issues at the lowest possible level
More informationV:01:16 GRIEVANCE AND COMPLAINT PROCEDURES FOR NON-FACULTY PERSONNEL
V:01:16 GRIEVANCE AND COMPLAINT PROCEDURES FOR NON-FACULTY PERSONNEL 1. APPLICATION OF GUIDELINE A. This policy applies to Volunteer State Community College for addressing grievances and complaints filed
More informationTDC WHISTLEBLOWER POLICY
TDC WHISTLEBLOWER POLICY May 1 2016 St. Kitts Nevis Anguilla T rading and Development Company Limited (T DC Ltd and Subsidiaries- hereinafter referred to as the Com pany ) Table of Contents A. Introduction..
More information