May 11, 2016

This webinar was previously recorded on May 11, 2016. To access the recorded presentation, please click here.

The Ruby Files: A Whisper, a Wink, and a 40 Year-Old Aptitude Flunky
May 11, 2016

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.

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

  • Eric E. Packel
  • Scot J. Seabaugh
  • Erin D. Schilling
  • Scott M. Gilbert