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AVOIDING COSTLY LAWSUITS The best way for your HR department to manage employment-related lawsuits is to avoid them altogether Still, the time may come when you will feel that you have been pushed to the limit and you have no choice but to say, So sue me Before you make that decision, of course, you want to have an entire arsenal of HR department practices and procedures that will stand you in good stead if the person to whom you throw down the gauntlet decides to call you out One of the best preparation checklists comes from Jackson Lewis LLP (White Plains, New York; wwwjacksonlewiscom), a national law firm that represents management exclusively and practices workplace law, including labor, employment, employee benefits, immigration, and workplace safety The firm has a preventive philosophy.



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FIGURE 24-22

Penny Ann Lieberman, a partner at Jackson Lewis, outlined these 12 critical steps to bulletproofing your HR department: 1 Have you reviewed your policies A strong stance against discrimination, harassment, and retaliation, including policies that define inappropriate conduct, prohibit sexual or other harassment, and outline a complaint procedure, are essential to having a discrimination-free workplace and avoiding lawsuits and discrimination complaints or charges and defending them if they arise.





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Most image-editing programs offer additional exposure tools. (See the sidebar on Auto tools earlier in the chapter). One type of interface we have found particularly useful are slider controls for shadows, highlights, and other tonal adjustments. Variations of this are available in Photoshop, Photoshop Elements, Paint Shop Pro, and PhotoPaint. Essentially, these tools take the capabilities of histograms and gamma curves and convert them to linear controls, which are easier for some people to understand and use. More importantly, the default settings with which the dialogs open up are often so close to what is needed for a photo, that a few minor tweaks of the sliders may be all that are needed to get the best results. (See Figure 10-16.)

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Your policies should cover: Examples of prohibited conduct and a disclaimer that the examples are not all-inclusive Reporting procedures that include the name, address, and phone number for company representatives (both male and female) to whom employees can direct complaints Encouragement to employees to come forward with complaints Specific timetables for reporting, investigating, and responding to complaints Discussion of possible disciplinary actions for violations of company policy against harassment, discrimination, and retaliation A procedure to obtain a signed and dated receipt from each employee who receives the policy, which should be distributed at least annually and on which managers and nonmanagement employees should be trained 2 Have you educated your supervisors Supervisors play a key role in your company s defense, Lieberman stated Provide training on discrimination, harassment, and retaliation to all supervisors.

2. To make a duplicate of acad.cuix or acadlt.cuix, right-click the file in Windows Explorer and choose Copy from the shortcut menu. Right-click again and choose Paste. Windows places a copy of the file in the same folder.

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Key point: Supervisors should be able to testify that they have been trained and understand the company s policy against discrimination, as well as the complaint procedure You should ensure that it is you, the employer, that determines who are supervisors in your organization by identifying them and making them accountable for compliance with your antidiscrimination policies Key point: The US Supreme Court considers employers liable if a supervisor harasses a direct-reporting employee Also include the phrase commitment to equal employment opportunity on every supervisory job description, Lieberman advises Train specific managers or HR employees to investigate complaints Train investigators to adopt a style that is nonaccusatory, sensitive, objective, and credible (see Sidebar 23) Key point: Case law says that courts look fa-.

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WAYS THAT CREDIT MODELS INCORPORATE NONNORMALITY In the discussion of Moody s KMV Credit Monitor in 3 we see that much of the technique is based on assuming a normal distribution. But we see that at the critical point where we need to go to a distribution to retrieve the probability of default, Credit Monitor does not use normal distribution. Instead, the probability of defaults is obtained from a proprietary distribution created from actual loss data; and this proprietary distribution is distinctly nonnormal. In 4, we see that Credit Risk+ is based on a Poisson distribution. Why Because a Poisson distribution will have the long right-hand tail that characterizes loss distributions for credit assets. In the other models we examine in 4, the loss distribution is simulated. By simulating the loss distribution, we can create distributions that make sense for portfolios of credit assets.

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