Introduces owners and managers of staffing agencies to the unique issues that arise in the unique relationship between the staffing agency as employer and their client as the site employer. Leaders learn how to enact and enforce effective policies and adopt practical skills to protect their organization from catastrophic exposure.
As a staffing agency, do your managers understand your organization's risks, rights and responsibilities under California FEHA? Are you certain that you have appropriate policies and procedures to facilitate the interactive "meet and confer" process with an employee of your agency when an assignment is made or considered? Have you communicated effectively with your clients (the site employer), through policies and contractual provisions, to assure that your employees are protected from disability discrimination and harassment? Do you know who is legally liable if a first line supervisor at a client's worksite discriminates, harasses or retaliates an employee who is disabled under FEHA's broad mandates? Will your contracts and documentation hold up in a civil jury trial under FEHA?
Participants Will Learn To:
- Understand, in plain English, the maze of legal risks facing California staffing agencies as employers, by focusing on the critical roles played by the agency and the site employer in making modified duty decisions and workplace assignments for disabled employees; whether following a workers' compensation leave or at the request of an employee who has a non work-related disability.
- Recognize how California courts view the words and actions of staffing agencies in the general vs. special employment relationship between the agency and its client.
- Appreciate how the company can be "right" that no accommodation is available and still lose a FEHA lawsuit if it doesn't follow specific procedures.
- Recognize their essential role in supporting their HR specialists, managers and their clients' site supervisors during and following every "interactive process," to prevent successful discrimination, harassment or retaliation charges.
- Develop appropriate training and communication for their direct reports, so that managers and line supervisors don't put the company at risk - well before the interactive process takes place and after reasonable accommodation decisions have been made.