A Whisper, a Wink, and a 40 Year-Old Aptitude Flunky

Hosted by Polsinelli PC

Location, or Event type:

A Whisper, a Wink, and a 40 Year-Old Aptitude Flunky

, Hosted By Polsinelli PC


Wednesday, May 11, 2016 - 7:00 AM


We invite you to JOIN US as we continue “The Ruby Files,“ a five-part webinar series that follows Ruby R. Breaker, a fictitious employee whose workplace behavior is based on real life employment situations. Just as Ruby's managers grapple with each challenging situation, Polsinelli's Labor and Employment attorneys, and other firm attorneys from health care, intellectual property and other industry and practice groups, will analyze the factual and legal key take-aways.

In the third of our webinars on The Ruby Files: Managing the Challenging Employee, we continue to follow Ruby as her changing circumstances present her employers with a variety of legal complications. View previous installments here.

Ruby now works at a bank, which happens to be subject to the Office of Federal Contract Compliance Programs (OFCCP). In her application materials she didn’t mention she was previously fired, and when the bank learns of the misrepresentation it wants to take action. However, the bank has a history of unevenly applying such a policy, and as a result it may be risky to fire Ruby.

While the company mulls next steps, Ruby flirts with a supervisor in another department and then claims sexual harassment; after a company investigation Ruby is kept on staff but placed in a separate department from the supervisor. Just in time for her 40th birthday, Ruby fails an aptitude test and promptly claims the test has a disparate impact on individuals over 40. She quits the job at the bank, updates her resume, and prepares to take another company by storm in our next installment.

Polsinelli’s Labor and Employment and Financial Services attorneys will cover the legal hot buttons covered in this webinar, specifically:

  • Bad faith in employment materials
  • Uneven application of policies on misrepresentation and other areas
  • OFCCP complications
  • Sexual harassment
  • Internal investigations
  • Aptitude tests
  • Age discrimination
 

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