Policy and Practice April 2017

staff spotlight

Name: Jennifer Kerr Title: Organizational Effectiveness Consultant Time at APHSA: 1 year

Priorities at APHSA: Enhancing the OE practice and supporting our affiliates are two of my strongest priorities. Best Way to Reach Me: The best way to reach me is through email at jkerr@aphsa.org. When Not Working: My weekends and time off are spent with my family. I have two daughters who are actively involved in sports and my husband and I make it a goal to attend all of their basketball and soccer games. When not attending my girls’ games, I coach a 6th grade basketball team and I love to travel. Motto to Live By: Laughter is much more important than applause. Applause is almost a duty. Laughter is a reward.

Life Before APHSA: Prior to joining APHSA, I spent 15 years working in Pennsylvania as an Organizational Effectiveness (OE) Specialist, Curriculum Writer, and Training Coordinator for both the University of Pittsburgh’s Child Welfare Resource Center and the Philadelphia Department of Human Services. What I Can Do for Our Members: Utilizing my OE facilitator skills, I will lead strategic planning sessions and develop plans for training and technical assistance.

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anxiety about the steps they should take to move forward. A key factor in a wrongful termination case is time. When an employee has a potential wrongful termination lawsuit, the employee should immediately consult a trustworthy attorney to become knowl- edgeable about the various remedies and alternatives. Failing to do so can jeopardize future claims for damages. Reference Notes 1. O'Hare Truck Serv., Inc. v. City of Northlake, 518 U.S. 712, 717 (1996) 2. Rutan v. Republican Party of Ill., 497 U.S. 62, 76 (1990) 3. See http://www.sfchronicle.com/news/ crime/article/Fired-child-safety-workers- want-wrongful-firing-9985405.php 4. See http://www.thedalleschronicle. com/news/2016/may/13/ child-welfare-draws-lawsuit-a/ 5. See http://www.greatfallstribune. com/story/news/local/2015/05/15/ county-pays-settle-wrongful-discharge- suit/27369631/ Daniel Pollack is a professor atYeshiva University’s School of SocialWork in NewYork City. He can be reached at dpollack@yu.edu; (212) 960-0836.

that these actions can be pleaded under several different theories. For instance, individual employees, including supervisors, are not subject to liability under Title VII of the Civil Rights Act of 1964 (See Sheridan v. E.I. DuPont de Nemours & Co., 100 F.3d 1061, 1078 (3d Cir., 1996)). However, those same individuals may be sued under state- law parallels to Title VII, such as New Jersey’s Law Against Discrimination (N.J.S.A. § 10:5-3 et seq. ). Similarly, even where plaintiffs cannot claim membership in a ‘protected’ class, they may be able to assert a discrimina- tion claim on the basis of ‘retaliation’ for opposing an employment policy or engaging in some other sort of protected ‘whistleblower’ activities. In short, both the employee and the employer in such actions need to be aware of many wrinkles in the applicable laws. Avoiding a Lawsuit In today’s litigious world, the best solution to a wrongful termination lawsuit is to avoid it at the outset. With mutual open communication—in writing and verbally—these lawsuits

can be averted. Here are a few basic preventive measures that will benefit both agencies and employees: „ „ Administrators, managers, and supervisors should receive regular, practical training in fair employment policies and practices. „ „ All employees should acknowledge, in writing, that they have read and understood the agency’s personnel policies. „ „ Administrators must be keenly aware of leadership employees who may need guidance or coaching in certain management areas. „ „ Agencies should be proactive rather than reactive regarding personnel matters that may harm the employ- ment environment. Preparing a Case A public human services employee might visualize themselves as a heroic whistleblower; the agency may see that same employee as insubordinate. The laws involving public employees can be complex and confusing. Employees facing a wrongful discharge situation are often left in a state of shock and

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