Bringing Human Rights to the Workplace Avoiding Unpleasant Encounters with Civil Rights Lawyers Lewis Maltby President National Workrights Institute

Bringing Human Rights to the Workplace GOAL The goal is not to win the case, but to avoid being sued.

Bringing Human Rights to the Workplace Criminal Records Consider only Records of Convictions Refuse to Hire only When there is a connection Between the Conviction and the Job

Bringing Human Rights to the Workplace Nobody Wants People with DUI Convictions Driving School Buses Do You Really Care if the Best Qualified Applicant for an Accounting Position has a DUI conviction?

Bringing Human Rights to the Workplace Electronic Monitoring Monitoring and Web Access is Legal and Accepted Suggestion- Establish Guidelines for Monitoring and Procedures to Confirm that IT employees follow them.

Bringing Human Rights to the Workplace How to Get Sued Place hidden audio recording device in areas where most conversations are personal. Audio monitoring is covered by Federal Wiretapping Law.

Bringing Human Rights to the Workplace The Other Way to Get Sued Don’t Put a Video Camera in a Locker Room or Bathroom- Even if you Have Evidence of Misconduct. A Skilled Private Investigator can Almost Always Find another way. It Will Take Time and Money, but Less Than a Lawsuit.

Bringing Human Rights to the Workplace ARBITRATION Less Expensive Than Litigation No Dispute About Legality- Even as Condition of Employment Suggestion- Consider Giving Employees a Choice- Arbitration Saves them Money too.

Bringing Human Rights to the Workplace HOW TO GET SUED Design ADR System that isn’t Completely Fair to Employees.

Bringing Human Rights to the Workplace HOW NOT TO GET SUED Use ABA Arbitration Rules (the “Protocol”) American Arbitration Association Rules Have Been Revised to be Completely Consistent with the Protocol.

Bringing Human Rights to the Workplace