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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Employment and Workers Comp

Date & Time
  • event Date

    Wednesday, December 1, 2021

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE course will provide employment counsel with guidance on how to best create a safe and supportive work environment for Black employees, employees of color, and other minority employees and to address the demands of the Black Lives Matter (BLM) movement by changing company policies and practices while adhering to current federal and state laws related to free speech and political activity.

Faculty

Dawn Siler-Nixon
Partner
FordHarrison LLP

Ms. Siler-Nixon has spent two decades partnering with her clients to help guide and direct their employment decisions to avoid the time and expense of litigation, and creating and executing a strategy to defend them through trial should the need arise. She uses depth of knowledge and expertise to ensure that clients exceed their DEI goals, while avoiding legal landmines. Ms. Siler-Nixon has extensive experience handling ADAAA and FMLA claims and has successfully litigated multiple plaintiff age discrimination claims in state and federal court. As a Certified Diversity Executive, Ms. Siler-Nixon routinely provides DEI advice, training and workshops designed to allow employees to recognize and combat their biases and create safe spaces where employees can bring their full selves to work and engage in courageous conversations across differences. 

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Clifford B. Glover
Attorney
Jackson Lewis P.C.

 Mr. Glover protects his clients’ interests by ensuring that they implement proactive policies that shield them from unnecessary court battles and help them remain in compliance with federal and state regulations. He focuses on employment litigation and counseling management, representing various businesses in state and federal courts throughout Maryland, the District of Columbia, and Virginia. Recognizing that litigation is often the last resort, when necessary, Cliff is a fierce advocate for his clients, with experience litigating matters involving discrimination, sexual harassment, wage and hour claims, non-competition, and non-solicitation covenants, and breach of contract.

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Description

Employers remain uncertain how to respond and communicate with employees regarding the ongoing demands of people of color and the BLM movement (as opposed to the organization using that name) across the country. Many employers recognized--for the first time--Juneteenth on June 19, 2020, a holiday celebrating the emancipation of slaves. Are simple corporate pronouncements sufficient to respond to employees' needs and concerns?

When considering employee self-expression on the BLM movement, employers must be aware of constitutional free speech protections, employee rights under Title VII, the National Labor Relations Act, and state laws that may apply to employee conduct.

Beyond that, employers can choose their response and engagement level or choose to do nothing at all--there is no right or wrong answer or a "one size fits all" solution. The most common reaction from employers is to acknowledge the unrest and issue a statement of support. Many employers have also chosen to make a public announcement expressing solidarity and support of the BLM movement and offering transparency in examining their current harassment policies and diversity initiatives.

Many employers have loftier goals to articulate and implement a strategy for supporting racial diversity initiatives within their own workplace and beyond. This action requires substantial reflection, consideration, time, and effort.

Listen as our authoritative panel discusses how the BLM movement and employment policies may conflict and how employers can appropriately and legally support and communicate systemic change.

Outline

  1. History of BLM movement
  2. Title VII and EEO
  3. First Amendment rights: private vs. public employers
  4. State regulations on political speech
  5. Employer regulation on behavior outside the workplace, including social media
  6. NLRA

Benefits

The panel will review these and other key issues:

  • How can employers balance employees' demands under BLM and other employee rights?
  • What must employers do to comply with First Amendment, Title VII, and NLRA requirements?
  • Which states provide employees protections regarding political speech?
  • How can employers update their harassment policies to address BLM issues?
  • Can diversity initiatives be used to effectuate BLM demands?