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Drafting Legally Sound Job Descriptions

SKU: EMPL4400
Total Credits
1 - 1.5
Price$75
  • Online Access
  • Smartphone
  • iPad/iPod/Tablets
  • CDs/DVDs

Description

Job descriptions are introduced into court more often than any other document in support of a variety of different legal claims against employers. However, there are legal pitfalls that you need to be aware of when either drafting such job descriptions or advising clients on best practices for drafting such job descriptions. A well drafted job description can help you defend an employer in an ADA case but a poorly-drafted job description can mean losing such a case.

This CLE course will focus on the legal perils that counsel need to be concerned with when drafting job descriptions and the do’s and don’ts for creating these evidentiary documents which are often introduced to help defend the employer in many different types of employment discrimination lawsuits.

This CLE course will provide everything you need to know to avoid potential legal issues which can occur when job descriptions are drafted poorly. It will also alert you to the hidden dangers that drafting job descriptions can bring.

Topics include:

  • Understand the legal perils that can occur as a result of drafting poor job descriptions
  • Understand what is necessary to include in a job description to help defend an employer in an ADA lawsuit
  • Learn how job descriptions play a key role in determining if an employee is entitled to a “reasonable accommodation” under the ADA
  • Review the key terms that can lead to discrimination claims when Drafting Job Descriptions
  • Understand the important role job descriptions play with regard to avoiding ADA claims
  • Understand how to avoid negating an employee’s at-Will Status when drafting job descriptions
  • Learn how to avoid FLSA wage and hour issues when drafting job descriptions
  • Understand that job descriptions are legal documents used as evidence in a court of law

Lecturer Bio

Melissa Fleischer, Esq.

Melissa Fleischer, Esq., is a sought-after employment law attorney and HR advisor, having utilized her 20 years of law practice experience specializing in employment discrimination litigation to form HR Learning Center LLC, an HR consulting firm that specializes in providing workplace solutions to employers on a wide range of legal and human resource management issues. Ms. Fleischer provides preventative counseling and proactive training on a wide-range of employment law issues to help employers achieve legal compliance and reduce litigation costs, Ms. Fleischer is a management-side employment attorney and is nationally recognized as an expert in her field. Ms. Fleischer has successfully represented numerous clients in employment discrimination litigation as well as providing preventive counseling and training on workplace issues. Ms Fleischer was previously associated with Epstein Becker & Green in NYC.

Through HR Learning Center, Ms. Fleischer provides on-site training seminars and on-line training webinars and consulting on a wide range of workplace and human resource issues including sexual harassment, disabilities, diversity, discrimination, workplace violence, employee use of social media, job descriptions, employee handbooks, workplace investigations, FLSA misclassification and independent contractor status, information privacy and security, and HR records management. She also offers compliance training on the major employment laws, including Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Act, Americans with Disabilities Act, Fair Labor Standards Act, including exempt and non-exempt worker classifications and the National Labor Relations Act. She presents seminars, leads webinars and workshops, and is a frequent lecturer on these and other HR management and legal topics.

Ms. Fleischer served as a chapter editor for the Family and Medical Leave Act Treatise, published by the Bureau of National Affairs. She also served as an Editor for HRExpert, an on-line legal resource for attorneys and HR Professionals. Ms. Fleischer is an adjunct faculty member with the Professional Development Center at SUNY/Westchester Community College in Valhalla, New York. She is a member of the Society for Human Resource Management (SHRM). Ms. Fleischer earned her J.D. degree from The George Washington University Law School in Washington, D.C., and her B.A., cum laude, from New York University.



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