Higher Education Departmental Chair Legal Liability Issues

Over 60 percent of legal liability will occur in the area of employment law.

Most Common Types of Employment Litigation Wrongful discharge Retaliation FLSA Discrimination Hiring Promotion Terms and condition Hostile environment Reasonable accommodation

What Actions Can an Administrator Take to Protect the Institution?

Wrongful Discharge Require some sort of review process prior to termination. Ensure that supervisors know what is required. at will contractual Unionized Is there a process in place? Is it followed ?

Wrongful Discharge Cont. Make sure appropriate documentation is provided to HR and your legal counsel. Routinely review complaints to determine whether handled to institution’s advantage.

Retaliation Three prong test: Was there protected Activity ? Was there subsequent harm (courts expanding definition) ? Was the protected activity the cause of the harm ?

Retaliation Continued This is a complicated area - get counsel or HR to assist you. What is a protected activity? Should make clear we encourage employees to report wrong doing. Should spell out protection afforded. What constitutes a report? To whom may a report be given? Timelines. Procedure requires sworn statement to allege retaliation.

Retaliation Continued Designated representative should deal specifically with retaliation. You must clearly communicate this individual’s name to community. Be sure that the representative knows how to handle cases and adheres strictly to deadlines. Be sure the designated individual has the power to address issues effectively.

Retaliation Continued Routinely review complaints to determine whether handled to institution’s advantage.

Discrimination Have clear understanding of your stance on discrimination. Strongest defense is avoidance and this is more likely to happen if you take a strong personal and professional stand on inclusion and a discrimination free environment. Know what written policies are required by law. Insist on required training for all supervisors on discrimination prevention. Know your campus grievance or complaint procedures.

Discrimination Continued Work with well trained personnel handling intake and processing of complaints/grievances. Understanding of legal requirements Good people skills Effective negotiator/mediator Committed to appropriate documentation Fair Routinely review complaints to determine whether handled to institution’s advantage.

Key Overall Points Hire well Communicate Document