Avoiding Retaliation Claims by Current Employees After Internal Discrimination or Harassment Complaints or Legal Actions
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Employment and Workers Comp
- event Date
Tuesday, January 7, 2020
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will provide employment counsel with practical guidelines to minimize the risk of retaliation claims by current employees who have already asserted discrimination or harassment complaints. Our knowledgeable panelists will review the pendency of such claims and advise participants on managerial matters such as redress for misconduct and poor performance, documenting discipline, and preventing self-help discovery.
Mr. Davis specializes in the area of labor and employment law and related litigation. He represents employers in a wide range of employment-related matters and provides counsel to companies in distress. His clients include financial services firms, law firms, pharmaceutical companies, media companies and non-profit entities. Mr. Davis teaches Employment Discrimination at Northeastern University School of Law. He is a frequent radio commentator and host and writes regularly on a variety of legal and political issues.
Mr. Horvitz is a pragmatic, versatile trial lawyer and counselor focused on workplace dynamics, complex employment disputes, and commercial litigation.
A large percentage of employers will be targets of claims of discrimination or harassment from a current employee. Retaliation claims can succeed even if the underlying discrimination claims fail, so employers must carefully manage employees who file internal complaints, EEOC charges, or lawsuits during their employment.
The guiding principle for employers is balancing the employer's prerogative to manage its employees and conduct its business effectively against the employee's statutorily protected right to bring a discrimination claim without adverse employment consequences.
Listen as our distinguished panel discusses the latest federal case law developments in retaliation cases and offers best practices for handling discipline, performance standards for employees engaged in protected activity, permissible restrictions on the complaining employee's access or interaction with co-workers, and more.
- Recent legal developments regarding the elements of retaliation claims
- Managing an employee who has filed a discrimination or harassment claim against the employer
- Practical strategies to minimize an employer's liability exposure after an employee sues
The panel will review the following key issues:
- Federal case law developments and the legal framework for establishing practices to handle complaining employees
- Legal limits on an employee litigant's protected status
- Best practices for day-to-day supervision, with an emphasis on responses to charges filed as an offensive measure
- The imposition of discipline for performance, misconduct, insubordination, interaction with co-workers, and documentation requirements
- The prevention of self-help discovery
- Considerations for situations when termination is the only realistic option
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