Employment Practices Audit
The cornerstone of our litigation avoidance strategy is our Employment Practices Audit, a comprehensive review of an employer’s policies and practices designed to identify and correct potential legal problems before they arise.

Our Employment Practices Audit examines compliance with federal, state and local laws regulating:

• Employer record keeping and record preservation requirements;
• Equal Employment Opportunity Commission annual reporting requirements;
• Anti-harassment policies and enforcement;
• Family and Medical Leave Act notices and designations;
• Accommodation requirements for disabled candidates and employees;
• Wage and overtime practices;
• Severance and other agreements with workers aged forty and older;
• Pre-employment applications and questionnaires;
• Medical inquiries and examinations of employees;
• Polygraph testing of employees;
• Drug testing of employees;
• Reference-giving policies;
• Workplace privacy;
• Compliance with legal notice posting requirements;
• Arbitration agreements between employers and employees; and
• Other laws and regulations governing the employer-employee reationship.

After concluding the audit, we will meet with an employer’s management team to discuss our findings and to ensure that management understands the audit results and how to implement any recommended changes. Additional topics covered during this meeting are management’s understanding of, and responsibilities with respect to, the following:

• The requirements of the various anti-discrimination laws, including Title VII, the Americans With Disabilities Act, the Age Discrimination in Employment Act, and similar state and local laws;
• When an employee is “disabled” under the Americans With Disabilities Act;
• The reasonable accommodation requirements of the Americans With Disabilities Act;
• When an employee is entitled to Family or Medical Leave and how to protect the employer’s interests when an employee takes Family or Medical Leave;
• When an employee is entitled to time off for military service;
• What topics are off limits during an employment interview and how seemingly benign questions in an interview can give rise to employer liability under the anti-discrimination laws;
• How taking certain actions when faced with a harassment complaint from an employee can insulate the employer from liability, and how taking other actions can enhance the employer's liability exposure;
• The nuances of state and local law, such as when an employee has a legal right to time off of work to attend a child’s school play or to register for a college class; and
• Any other topics about which the employer has questions or wishes to be discussed.