Drafting Persuasive Position Statements to Mitigate Full-Scale EEOC Investigations and Lawsuits
Strategic Techniques to Address Claims of Failure to Hire, Equal Pay, Class vs. Individual Claims
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Employment and Workers Comp
- event Date
Wednesday, August 7, 2024
- 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 techniques to draft EEOC position statements. The experienced panel will outline strategies for responding to various EEOC charges while minimizing full-scale investigations and lawsuits.
Mr. Rhodes advises companies and executives, representing them in the structuring, drafting and defending of their corporate transactions and employment practices to help accomplish their business goals. His practice focuses on employment disputes in the areas of non-competes, compensation, wage and hour, discrimination, harassment, retaliation, wrongful discharge, whistleblower, severance, and benefits issues.
Mr. Karasik is a core member of Duane Morris’ Workplace Class Action group. He defends businesses in employment law matters ranging from bet-the-company class actions to high-stakes single-plaintiff lawsuits and administrative charges. Mr. Karasik represents clients in a broad range of industries, including restaurants, hotels, sporting venues, retailers, automotive manufacturers, logistics companies and staffing entities. These clients include Fortune 500 multi-national companies and local Chicagoland businesses. His legal analysis has been featured in publications such as Forbes, Law360, Westlaw Today, SHRM, HR.com, the Cook County Record and the Northern California Record. He was recognized by Best Lawyers “Ones to Watch” for 2022 and 2023.
Mr. White regularly advises employers on requirements and best practices regarding discrimination, harassment, and retaliation claims under state and federal employment laws, and he often counsels clients on a myriad of litigation avoidance strategies. When in court, Mr. White is a zealous advocate on behalf of his clients for claims of breach of contract; employment-related torts; wage and hour violations; trades secrets misappropriation; restrictive covenant breaches; discrimination, harassment and retaliation issues; and other state and federal law issues stemming from workplace disputes. Mr. White further assists employers navigate government audits and investigations, including proceedings brought by the EEOC, OSHA, and their state-level counterparts.
The EEOC continues to pursue its initiative against systemic discrimination in hiring, promotion, pay, disability, and other issues. Many of the resulting full-scale investigations or lawsuits stem directly from an employer's response to an EEOC charge.
Employers often believe they can draft position statements without the advice of counsel, primarily if a blanket policy enforced against all employees is the basis for the challenge. This costly mistake can provide the basis for a disparate impact claim. Employers should bring in counsel when developing and implementing employment policies and from the very outset of an adverse employment action to minimize liability exposure.
Employers' counsel must craft a complete, concise, and practical position statement based on a thorough and documented internal investigation. Counsel must guide employers strategically to mitigate further investigations and lawsuits.
Listen as our distinguished panel discusses effective attorney involvement in the internal investigation that serves as the basis for the EEOC position statement. The panelists will review position statement drafting techniques based upon the initial charge and discuss best practices for developing policies and procedures.
- Internal investigation
- Position statement drafting techniques
- Basic components
- Class claims vs. individual claims
- Failure to hire claims
- Accommodation claims
- Other considerations
- Policy and procedure best practices
The panel will review these and other relevant issues:
- What are best practices when conducting an internal investigation with the EEOC position statement in mind?
- Based on the charge, what are the best approaches to drafting the position statement?
- What types of unnecessary information should employers avoid providing in position statements?
