University of Texas School of Law

eCourse

Answer Bar: Handling Employee Investigations in Today's Woke Workplace

Contains material from Jul 2017 to Jun 2018

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Session 1: Investigations in Today's Woke Workplace - A veteran workplace investigator shares critical tips for ensuring that every complaint investigation is thorough, in good faith, and reliable in the midst of the #MeToo movement, instant social media postings, and polarizing employee relations issues.

Session 2: Reputational Risk: Managing Perceptions with Image Repair When the reputation of the client is uncertain and “no comment” is not an option, hear from a public relations veteran and an employment attorney on strategies for communicating with the public and employees. This discussion includes the advanced Image Repair Theory crisis communication guide, coordinating the legal and communications team, and the professional ethical rules that govern lawyers when speaking about ongoing conflict.

Session 3: The Boundaries of Employee Free Speech - As social media continues to evolve, employees are increasingly able to express their personal opinions on current events to wider audiences. Examine the rights of employees to express their views both inside and outside the workplace, and the competing rights of public and private employers to respond to those views when they conflict with their own values or those of their customers or employees. Explore when an employer may actually be obligated to take action against an employee for views expressed outside the workplace, including discussion of real-world situations like the events of Charlottesville, VA, the viral misogynistic "manifesto" written by an engineer employed by a giant in the technology industry, and an NFL player’s decision to take a stand by taking a knee.

Session 4: The New Gender and Sexuality - Legal update and practical workplace impact of social and cultural shifts with respect to the evolving terminology and variety of gender identity, gender expression, and sexual orientation.

Session 5: Best Practices in Dispute Resolution Get practical tips on how to anticipate, avoid, evaluate, negotiate, and resolve workplace conflicts from a mediator and arbitrator with 45 years of experience representing employees and employers.

Session 6: Emerging from the Shadows: Unconscious Bias in the Workplace - While the existence of unconscious bias is inevitable, the way we deal with hidden biases in the workplace is enormously important. Examine how unconscious bias may influence workplace decisions and interactions, and discuss the latest approaches and legal implications for addressing it.

Session 7: Rights on Trial: How Workplace Discrimination Law Perpetuates Inequality - Understand the fundamental tensions in anti-discrimination law, how it impacts plaintiffs and defendants in the litigation system, and hear practical recommendations for how to better respond to persistent patterns of discrimination.

Session 8: Ethics for Employment Attorneys Get updated on cutting-edge ethics issues, including attorney-client privilege and waiver issues, ex parte communications, access to social media and computer information, inadvertent disclosure and improper acquisition of confidential information, litigation holds and spoliation issues, and settlement negotiations.
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Total Credit Hours:
5.50 | 1.75 ethics     Credit Info

Course expired: 8/31/2019

Includes: Video Audio Paper Slides

Preview Sessions
Credit Hours
1. Investigations in Today's Woke Workplace (Jun 2018)

DeDe Church

0.75 0.25 0.00 0.75 | 0.25 ethics  

Preview Session Materials

You may download session materials
for offline use.

Video (mp4) 44 mins
Audio (mp3) 44 mins
Slides (pdf) 24 pgs

SESSION 1 — 44 mins, credit 0.75 | 0.25 ethics

Session 1:

Investigations in Today's Woke Workplace (Jun 2018)

A veteran workplace investigator shares critical tips for ensuring that every complaint investigation is thorough, in good faith, and reliable in the midst of the #MeToo movement, instant social media postings, and polarizing employee relations issues.

Originally presented at: May 2018 Labor and Employment Law Conference

DeDe Church, DeDe Church & Associates, LLC - Austin, TX

2. Reputational Risk: Managing Perceptions with Image Repair (Jun 2018)

Jeff Hahn, Tom Nesbitt

0.50 0.25 0.00 0.50 | 0.25 ethics  

Preview Session Materials

You may download session materials
for offline use.

Video (mp4) 31 mins
Audio (mp3) 30 mins
Paper (pdf) 14 pgs
Slides (pdf) 16 pgs

SESSION 2 — 31 mins, credit 0.50 | 0.25 ethics

Session 2:

Reputational Risk: Managing Perceptions with Image Repair (Jun 2018)

When the reputation of the client is uncertain and “no comment” is not an option, hear from a public relations veteran and an employment attorney on strategies for communicating with the public and employees. Discussion includes the advanced Image Repair Theory crisis communication guide, coordinating the legal and communications team, and the professional ethical rules that govern lawyers when speaking about ongoing conflict.

Originally presented at: May 2018 Labor and Employment Law Conference

Jeff Hahn, Hahn Public Communications - Austin, TX
Tom Nesbitt, DeShazo & Nesbitt LLP - Austin, TX

3. The Boundaries of Employee Free Speech (Jun 2018)

Jason Boulette, B. Lee Crawford Jr., Malinda A. Gaul

0.75 0.00 0.00 0.75  

Preview Session Materials

You may download session materials
for offline use.

Video (mp4) 43 mins
Audio (mp3) 43 mins
Paper (pdf) 28 pgs
Slides (pdf) 4 pgs

SESSION 3 — 43 mins, credit 0.75

Session 3:

The Boundaries of Employee Free Speech (Jun 2018)

As social media continues to evolve, employees are increasingly able to express their personal opinions on current events to wider audiences. Examine the rights of employees to express their views both inside and outside the workplace, and the competing rights of public and private employers to respond to those views when they conflict with their own values or those of their customers or employees. Explore when an employer may actually be obligated to take action against an employee for views expressed outside the workplace, including discussion of real-world situations like the events of Charlottesville, VA, the viral misogynistic "manifesto" written by an engineer employed by a giant in the technology industry, and an NFL player’s decision to take a stand by taking a knee.

Originally presented at: May 2018 Labor and Employment Law Conference

Jason Boulette, Boulette Golden & Marin L.L.P. - Austin, TX
B. Lee Crawford Jr., City of Austin Law Department - Austin, TX
Malinda A. Gaul, Gaul and Dumont - San Antonio, TX

4. The New Gender and Sexuality (Jun 2018)

Laura M. Merritt

0.75 0.00 0.00 0.75  

Preview Session Materials

You may download session materials
for offline use.

Video (mp4) 44 mins
Audio (mp3) 43 mins
Paper (pdf) 19 pgs
Slides (pdf) 10 pgs

SESSION 4 — 44 mins, credit 0.75

Session 4:

The New Gender and Sexuality (Jun 2018)

Legal update and practical workplace impact of social and cultural shifts with respect to the evolving terminology and variety of gender identity, gender expression, and sexual orientation.

Originally presented at: May 2018 Labor and Employment Law Conference

Laura M. Merritt, Boulette Golden & Marin L.L.P. - Austin, TX

5. Best Practices in Dispute Resolution (Jul 2017)

David T. Lopez

0.50 0.25 0.00 0.50 | 0.25 ethics  

Preview Session Materials

You may download session materials
for offline use.

Video (mp4) 30 mins
Audio (mp3) 29 mins
Paper (pdf) 18 pgs

SESSION 5 — 30 mins, credit 0.50 | 0.25 ethics

Session 5:

Best Practices in Dispute Resolution (Jul 2017)

Get practical tips on how to anticipate, avoid, evaluate, negotiate, and resolve workplace conflicts from a mediator and arbitrator with 45 years of experience representing employees and employers.

Originally presented at: Jun 2017 Labor and Employment Law Conference

David T. Lopez, Attorney-Arbitrator-Mediator - Houston, TX

6. Emerging from the Shadows: Unconscious Bias in the Workplace (Jun 2018)

Katrina Grider

0.75 0.25 0.00 0.75 | 0.25 ethics  

Preview Session Materials

You may download session materials
for offline use.

Video (mp4) 42 mins
Audio (mp3) 42 mins
Paper (pdf) 25 pgs
Slides (pdf) 23 pgs

SESSION 6 — 42 mins, credit 0.75 | 0.25 ethics

Session 6:

Emerging from the Shadows: Unconscious Bias in the Workplace (Jun 2018)

While the existence of unconscious bias is inevitable, the way we deal with hidden biases in the workplace is enormously important. Examine how unconscious bias may influence workplace decisions and interactions, and discuss the latest approaches and legal implications for addressing it. 

Originally presented at: May 2018 Labor and Employment Law Conference

Katrina Grider, Ogletree, Deakins, Nash, Smoak & Stewart, P.C. - Houston, TX

7. Rights on Trial: How Workplace Discrimination Law Perpetuates Inequality (Jun 2018)

Laura Beth Nielsen

0.75 0.00 0.00 0.75  

Preview Session Materials

You may download session materials
for offline use.

Video (mp4) 47 mins
Audio (mp3) 47 mins
Slides (pdf) 10 pgs

SESSION 7 — 47 mins, credit 0.75

Session 7:

Rights on Trial: How Workplace Discrimination Law Perpetuates Inequality (Jun 2018)

Understand the fundamental tensions in anti-discrimination law, how it impacts plaintiffs and defendants in the litigation system, and hear practical recommendations for how to better respond to persistent patterns of discrimination.

Originally presented at: May 2018 Labor and Employment Law Conference

Laura Beth Nielsen, Northwestern University and American Bar Foundation - Chicago, IL

8. Ethics for Employment Attorneys (Jun 2018)

Dennis P. Duffy

0.75 0.75 0.00 0.75 | 0.75 ethics  

Preview Session Materials

You may download session materials
for offline use.

Video (mp4) 43 mins
Audio (mp3) 43 mins
Paper (pdf) 151 pgs
Slides (pdf) 13 pgs

SESSION 8 — 43 mins, credit 0.75 | 0.75 ethics

Session 8:

Ethics for Employment Attorneys (Jun 2018)

Get updated on cutting-edge ethics issues, including attorney-client privilege and waiver issues, ex parte communications, access to social media and computer information, inadvertent disclosure and improper acquisition of confidential information, litigation holds and spoliation issues, and settlement negotiations.

Originally presented at: May 2018 Labor and Employment Law Conference

Dennis P. Duffy, Baker & Hostetler LLP - Houston, TX