Delaware Employment Law Blog

If you're using Twitter, Facebook, or LinkedIn® to search for talented job candidates, you're not alone. According to Workforce Management, companies like digital advertising agency Organic are incorporating social media as part of their recruiting strategies. And with nearly 7.1 million people now using Twitter (Nielsen NetView), smart employers are utilizing blogs in their talent acquisition efforts. 

But feeding the talent pipeline online can result in costly litigation if a job applicant claims you've invaded her privacy.

Learn how to reap the benefits of online recruiting while minimizing legal risks by participating in the interactive audio conference, 2009 Recruiting: Feed Your Talent Pipeline Using Twitter, Facebook, and Other Social Media. In just 90 minutes, you'll get straight answers to such questions as:

• Is Twitter the best place to find job applicants who "live" online? What's the best way to use Twitter for effective recruiting?
• How can I use corporate branding on the Internet to attract potential job candidates?
• How can I use Twitter, Facebook, or LinkedIn® to get our branding messages out more quickly?
• What's the best way to use Twitter to build a "following" among active and passive job candidates?
• What are the potential legal issues that could arise when using Twitter? How can I avoid posting "tweets" that could be construed as harassing or discriminatory?
• What type of information should I avoid on social networking sites when searching for talent?
• How do I handle information found online that I would NEVER ask about in an interview?
• How can I use a wiki without incurring legal trouble, such as releasing sensitive company and/or employee information?
• What are the legal risks if one of my employees posts content on a company-run blog or social networking site?
• What action should I take if employees post our company logo on their private social networking sites for blogs?
• How can my organization protect itself from potential litigation surrounding employee usage of social media tools?
• How far can I go when keeping tabs on an employee's blogs, instant messages, and social networking sites?

I'll be presenting this audio conference on Thursday, July 16, 2009, at 11:00 a.m. to 12:30 p.m. Eastern.  Cost of attendance is $237.  To register, visit the H.R. Hero website.

Adria B. Martinelli will present Pregnancy Discrimination Claims Flood EEOC: How to Counter New and Aggressive Enforcement on July 23, 2009.

Pregnancy discrimination lawsuits are on the rise and the courts are ruling against employers:

• In the May 2009 AT&T v. Hulteen case, the court ruled that employees who took pregnancy leave before the effective date of the Pregnancy Discrimination Act should be eligible for the same retirement benefits as those who took leave after the law was enacted.
• The Seventh Circuit Court recently recognized the applicability of the PDA to the "potential pregnancy" after an employee claimed she lost her job because she had taken time off for fertility treatment.
• And now that the new ADA Amendments Act has gone into effect, the interplay between the ADA, PDA, and the recently-revised FMLA has further complicated compliance issues for employers.

Learn how to make sense of the overlapping complexities of the PDA, FMLA, and the ADA, and how to accommodate pregnant employees without risking discrimination claims, as well as these other critical and timely topics:

• Key rulings made recently against employers regarding pregnancy discrimination claims, including the U.S. Supreme Court's
  interpretation of the PDA in AT&T v. Hulteen
• How do you know when employees are protected under the PDA? (Hint, they’re not always pregnant.)
• How the new ADA Amendments Act comes into play
• New discrimination risks employers need to consider when training supervisors and managers
• EEOC guidance on family rights discrimination
• Practical advice for day-to-day issues involved with managing pregnant employees
• The kind of accommodations that should and should NOT be made for pregnant workers

Register for this employment law seminar at HR Hero.com

In April, the Equal Employment Opportunity Commission issued new guidance for employers on avoiding Family Responsibility Discrimination. FRD is defined as discrimination in which male or female workers are fired, demoted, not promoted, denied employment benefits, or harassed because of their caregiving responsibilities for a child, partner, or elderly relative. The EEOC recommends work-life balance programs, flexible work arrangements, flexible sick leave policies, and part-time job opportunities to prevent discrimination lawsuits from caregiver employees.

Adria B. Martinelli and Molly DiBianca, Esq. will present an important audio conference on this subject on August 4, in which we'll teach employers how to use work-life balance programs to prevent costly litigation and how to create a workplace free from caregiver discrimination by participating in the all-new HR Hero audio conference, When Employees Are Also Caregivers: Legal Advice and EEOC Guidance for Employers.

In just 90 minutes, you'll learn:

• How flextime schedules, flexible week opportunities, telecommuting, and other programs can protect your organization against caregiver discrimination claims -- and actually boost productivity and the bottom line
• The EEOC’s best practice advice for launching and managing flexible work arrangements
• Your legal obligations regarding employees with caregiving responsibilities under the EEOC guidance, arising from Title VII, the FMLA, and ADA, among others
• EEOC guidance on training your managers to recognize caregiver discrimination at work
• The types of workplace conduct that could invite caregiver discrimination claims
• Hands-on advice for structuring policies that can protect your organization from caregiver discrimination
• An overview the responsibilities faced by an employee who is also a caregiver, and how employers can accommodate these needs while eliminating legal risks

To register for the audio conference,visit the registration page on HR.Hero.com