Employee Retaliation Claims: Growing Litigation Threat

Minimizing Litigation Exposure and Defending Lawsuits and EEOC Charges

Recording of a 90-minute CLE webinar/teleconference with Q&A


Conducted on Tuesday, August 21, 2012
Recorded event now available


This CLE webinar will provide guidance for employment counsel on steps to take to minimize the risk of exposure to employee retaliation claims. The panel will also outline effective strategies for defending against U.S. Equal Employment Opportunity Commission (EEOC) charges and litigation alleging retaliatory conduct.

Description

Employee retaliation claims have soared. More retaliation claims were filed with the EEOC during 2011 than any other type of charge. In addition, courts have recently expanded the scope of actionable retaliatory claims.

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.

Employment counsel defending EEOC charges or retaliation litigation must make strategic choices regarding what information to present to the EEOC or the court, pursuing summary judgment, trial themes and strategies, and protecting privileged information. Missteps could be costly for the employer.

Listen as our authoritative panel of employment attorneys reviews recent trends in employee claims alleging retaliation. The panel will outline best practices for employers to reduce the risk of EEOC charges and employee lawsuits and to increase the likelihood of success in defending against them.

Outline

  1. Recent trends in employee retaliation claims
    1. EEOC charges and monetary benefits recovered
    2. Case law developments—what constitutes an actionable retaliation claim?
    3. Third-party retaliation
  2. Best practices to minimize EEOC charges and lawsuits
    1. Written anti-retaliation policy that is clear and unambiguous
    2. Training of supervisors and managers
    3. Internal complaint resolution procedures
    4. Unbiased investigation of claims
    5. Documentation of investigations and resolutions
    6. Effective employee relations practices
  3. Strategies for defending against EEOC charges and retaliation lawsuits
    1. Evidence to present
    2. Summary judgment strategies
    3. Causal connection issues
    4. Jury selection

Benefits

The panel will review these and other key questions:

  • What is driving the significant increase in EEOC charges and employee suits alleging retaliation?
  • How are courts interpreting recent retaliation cases and what evidentiary standards do they apply?
  • What steps can employers and their counsel take to reduce their exposure to employee retaliation claims?
  • What are some effective strategies for employment counsel defending EEOC charges or retaliation suits?

Faculty

Anthony J. Oncidi, Partner
Proskauer Rose, Los Angeles

He represents employers and management in all aspects of labor relations and employment law, including litigation and preventive counseling, wage and hour matters, including class actions, wrongful termination, employee discipline, Title VII, executive employment contract disputes, sexual harassment training and investigations, workplace violence, drug testing and privacy issues.

Arlene Switzer Steinfield, Shareholder
Cox Smith Matthews, Dallas

She has more than 30 years of experience in representing management in labor and employment law. She litigates employment discrimination cases and workplace disputes in state and federal court, conducts employment law compliance training, counsels employers on preventative compliance strategies, and appears frequently on behalf of employers before numerous administrative agencies.

Ordering

Online CLE - Audio Recording

Includes streaming audio of full program plus handouts (available 24 hours after live program).

CLE: Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*. Pre-approved for self-study credit in: AK, AZ, MO, MT, TX*, VT, WA.
Upon request, also available in: CO, CT*, FL, GA, ID, KY, LA*, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, UT, WI, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)

Online CLE Audio $297.00
Available 24 hours after the live event

How does this work?


Recorded Event

Includes full event recording plus handouts (available after live seminar).

CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX*, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID*, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com. (*Indicates that Strafford needs to process the CLE — see below to purchase this option.)

Webinar Download (Slide Presentation with Audio) $297.00
Available three business days after the live event

How does this work?

DVD (Slide Presentation with Audio) $297.00 plus $9.45 S&H
Available ten business days after the live event

MP3 Download (Audio with Slide PDFs) $297.00
Available 24 hours after the live event

How does this work?

CD (Audio with Slide PDFs) $297.00 plus $9.45 S&H
Available ten business days after the live event

Webinar/Teleconference

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Program Materials

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Program Materials

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CLE Credit

Strafford's live seminars qualify for CLE in every state that accredits webinars. They offer you a high quality, cost effective, and convenient CLE option, with no lost travel time or expenses.

More Details >

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Customer Reviews

I appreciated that the program was directly on point and did not deviate from the subject matter.

Paul Deyhle

McDonald Carano Wilson

I like the ease of access and online documentation of Strafford webinars.

Jay Kimmey

Bartley Goffstein

Strafford's webinar was easily accessible.

Donna Rascoe

Cranfill Sumner & Hartzog

A very good nuts and bolts program on what to do in this area.

Carol Babbitt

The Law Office of Carol Coplan Babbitt

I liked that the speakers were brief, but hit on relevant cases and issues and answered listener questions effectively.

Lauren Hager

Korshak Kracoff Kong & Sugano

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Employment & ERISA Advisory Board

Barbara E. Hoey

Partner

Littler Mendelson

Jeffrey Hollingsworth

Partner

Perkins Coie

Marcia Nelson Jackson

Partner

Wick Phillips

Paul J. Kennedy

Shareholder

Littler Mendelson

Nancy Morrison O'Connor

Partner

Bracewell & Giuliani

Laura Foote Reiff

Shareholder

Greenberg Traurig

Eugene Scalia

Partner

Gibson Dunn & Crutcher

Teresa R. Tracy

Partner

Gladstone Michel Weisberg Willner & Sloane

Todd D. Wozniak

Shareholder

Greenberg Traurig

or call 1-800-926-7926

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