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Speaker: Gavin Appleby | Shareholder, Littler

Every good HR professional and in-house lawyer knows that some HR risks are worth taking while others are not. Given this reality, what should you do when management wants the cancer-stricken employee to be separated, but the ADA undue hardship defense just does not seem all that strong? Or what do you tell a manager who insists that the best candidate for employment should have his offer withdrawn because the background check shows he sold marijuana to an undercover police officer 10 years ago? Or what advice do you give to the CEO when she says that we must set diversity targets and make managers meet those goals and she “doesn’t care what the law says – our lack of diversity is killing our brand?” This session focuses on the balance between business need and legal compliance. The session will be scenario-based, using videos and other tools. Each scenario will involve a specific risk-related decision where a legitimate business need seems at odds with a legal constraint.


Learning Objectives:

  1. Help HR professionals understand how to balance legal compliance and business needs.  Each scenario presents a situation where legal compliance is somewhat incompatible with the best business solution to the situation.
  2. Understand the legal issues that appear in the scenarios.  Each scenario is based on a legal issue, ranging from religious accommodations to ADA matters to the legal risks related to the legitimate desire to push for diversity.
  3. Because the scenarios also are meant to be realistic, HR professionals can take away best practices for dealing with each situation.

SHRM BoCK Competencies:

  1. Ethical Practice
  2. HR Expertise