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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Employment and Workers Comp

Date & Time
  • event Date

    Wednesday, January 13, 2021

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE course will provide employment counsel with practical techniques to handle EEOC investigations based upon the October 2020 proposed rules that made procedural changes to EEOC charges' resolution. Our panel will outline strategic techniques to prepare for on-site investigations, navigate good faith conciliation with the EEOC, negotiate settlements, and more.

Faculty

Frank C. Morris
Member
Epstein Becker & Green PC

Mr. Morris leads the firm’s Employment, Labor and Workforce Management Practice in the Washington, D.C., office, and co-chairs the firm's ADA and Public Accommodations Group. A former NLRB attorney, he now represents private and public employers in EEO, disability, labor, and general litigation matters. Mr. Morris regularly writes and lectures on various employment and litigation topics and is an adjunct professor at George Washington University Law School, where he teaches Discrimination Law.

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Adriana S. Kosovych
Attorney
Epstein Becker & Green PC

Ms. Kosovych’s experience includes: representing clients in employment-related litigation on a broad array of matters, including claims of discrimination, harassment, retaliation, failure to accommodate disabilities, breach of employment contracts and restrictive covenants, and wage and hour disputes, in state and federal courts and before various administrative agencies, and advising employers in all facets of the employment relationship, from pre-employment considerations and hiring to terminations and post-employment restrictions.

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Description

A proposed rule published by the EEOC on Oct. 9, 2020, became final at the end of 2020. The new rules provide the possibility of expanded information sharing between respondents/employers in connection with the agency's conciliation efforts.

Counsel to employers should appropriately advise clients on investigation response and participation strategies to avoid a finding of reasonable cause to support the employee's allegations. Previously, businesses were concerned with participating in conciliation due to the U.S. Supreme Court decision to approve the EEOC's practice of providing only basic facts in conciliation and decline to require the EEOC to operate in good faith during conciliation.

The new regulations require the EEOC to provide a respondent with substantially more information. However, while the new rules are a promising development for employers, it may not go far enough. EEOC is not required to identify potential class members in a claim and the rules fail to enforce a good faith standard for the EEOC.

Listen as our distinguished panel discusses preparing for EEOC investigations under the new rules. The panelists will review negotiation tactics, considerations for determining whether to accept a settlement offer, and techniques in enforcing the good faith requirement.

Outline

  1. Backgroud of rule changes
  2. Prior conciliation process
  3. New conciliation process
  4. Remaining issues with conciliation

Benefits

The panel will review these and other relevant topics:

  • What are the important changes to EEOC conciliation under the new rule?
  • What should counsel consider when entering into EEOC conciliation under the new rule?
  • What issues do businesses and counsel still have in response to EEOC conciliation?