Employment Retaliation Claims on the Rise: Avoiding and Defending EEOC Charges and Private Lawsuits
Navigating the EEOC's New Enforcement Guidance on Retaliation, Protected Activity, Materially Adverse Actions and Causation
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Employment and Workers Comp
- event Date
Thursday, April 13, 2017
- schedule Time
1:00 PM E.T.
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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This CLE course will arm employment counsel with strategies for avoiding and defending against workplace retaliation claims—the most common type of charge filed with the EEOC—in the wake of the 2016 EEOC Enforcement Guidance on Retaliation and Related Issues. The panel will provide guidance for developing effective policies and procedures to minimize the risk of EEOC charges and private retaliation litigation and for crafting litigation strategies that will increase the likelihood of success when defending against retaliation claims.
Employee retaliation claims continue to be the most common charge the EEOC pursues each year. During fiscal year 2015, 45% of all charges filed with the EEOC were for retaliation, with most of them centered on race or disability. Employees can bring retaliation claims under a variety of federal statutes, including Title VII, the ADA, the ADEA, the Rehabilitation Act, the Equal Pay Act and GINA, and the claims can linger even when the underlying allegation is without merit.
Following the issuance of the EEOC’s Enforcement Guidance on Retaliation and Related Issues in Aug. 2016, which broadens retaliation protections for federal and private sector applicants and employees by expanding the scope of protected employee activity, employers should prepare for a continued climb in retaliation charges and lawsuits.
Employers and their counsel must take proactive steps to minimize the risk of employee retaliation claims. Procedures outlining how to report discrimination or harassment, unbiased investigations of employee claims, and effective management and supervisor training are essential.
When faced with EEOC charges or private litigation, counsel defending employers must make strategic choices regarding information to present to the EEOC or court, effective trial themes and strategies, whether and when to pursue dispositive motions, and how to protect privileged information.
Listen as our authoritative panel of employment attorneys reviews recent trends in workplace retaliation claims. The panel will discuss the key components and impact of the new EEOC Enforcement Guidance, review recent court decisions addressing retaliation claims, and outline strategies for avoiding EEOC charges and private lawsuits and/or increasing the likelihood of success when defending against them.
- Review of 2016 EEOC Enforcement Guidance on Retaliation and Related Issues
- Recent case law addressing retaliation claims
- Best practices to minimize EEOC charges and lawsuits
- Written antiretaliation policy that is clear and unambiguous
- Training of supervisors and managers
- Internal complaint resolution procedures
- Unbiased investigation of claims
- Documentation of investigations and resolutions
- Effective employee relations practices
- Strategies for defending against EEOC charges and retaliation lawsuits
The panel will review these and other key issues:
- What specific topics are addressed in the 2016 EEOC Enforcement Guidance on Retaliation and Related Issues?
- How are courts ruling in recent retaliation cases? What lessons can be taken from these rulings?
- What steps can employers and their counsel take to reduce their exposure to employee retaliation claims?
- What are some effective strategies for employment counsel when defending EEOC charges or retaliation suits?
