When the EEOC Comes Knocking

Strategies for Responding to Discrimination Investigations and Prevailing in Claims

CD/DVD of a 90-minute CLE teleconference with Q&A


Conducted on Thursday, March 6, 2008
Now available on CD/DVD


Description

On January 2, the EEOC announced a record $2.5 million settlement of a racial discrimination and retaliation claim it negotiated on behalf of a former Lockheed Martin employee.

An EEOC investigation is one of the most complex and disruptive events a company will face because even "routine" EEOC matters involve tricky compliance questions and delicate privacy and privilege issues. Litigation arising from EEOC claims costs employers more than $44.3 million annually.

The EEOC's multi-million dollar settlement with Lockheed should alert all employers to investigate and address any potential allegations of discrimination immediately and thoroughly. Counsel for employers must develop proactive legal strategies for defending against an EEOC claim should it arise.

Listen as our authoritative panel explains how the EEOC approaches and carries out its investigations. The panel will provide best practices for responding to a request for a position statement, developing discovery geared towards a positive outcome, and managing claims to avoid expensive litigation.

Outline

  1. Investigative process—EEOC charges
    1. Position statement
    2. Discovery
    3. Subpoena power of the EEOC
    4. Constraints on agency investigations
    5. Resolution of Commissioner’s charge
    6. Freedom of Information Act Requests
  2. Privileges
    1. Deliberative process
    2. Confidentiality
    3. Attorney-Client
  3. Class litigation
    1. No Rule 23 compliance required
    2. Ethical considerations
  4. EEOC intervention in individual and class cases
  5. Recent settlements and remedies
  6. Settlement
    1. Differences in settlement with the EEOC and private litigants
    2. Typical requirements
    3. Impact of decision-making chain
    4. Impact of expanded ADR at the EEOC
  7. Enforcement
    1. Enforcement of final orders
    2. Compliance with settlements

Benefits

The panel reviewed these and other key questions: 

  • How can counsel effectively prepare a position statement response to the EEOC—one that won't end up as evidence against the company?
  • What legal rights do companies have in responding to an EEOC investigation?
  • How have court decisions restricted EEOC investigations?
  • What are the benefits and pitfalls of alternative dispute resolution with EEOC complaints?
  • What should companies consider in evaluating settlements of EEOC claims?

Faculty

Diana L. Hoover, Partner
Mayer Brown, Houston

She focuses on all areas of employment law, including discrimination and retaliation claims. She regularly lectures and writes on a wide variety of employment issues.

Eric S. Dreiband, Partner
Akin Gump Strauss Hauer & Feld, Washington, D.C.

He represents companies in civil rights and employment discrimination litigation. He previously served as EEOC General Counsel, where he directed the government's litigation of discrimination cases.

Teresa R. Tracy, Principal
Berger Kahn, Los Angeles

She chairs the firm's Labor and Employment Group, representing management in all areas of labor and employment law and litigation. She stresses a preventive approach designed to allow management latitude in employee relations while avoiding unnecessary litigation.

Ordering

Teleconference on CD

Purchase a CD of the full event proceedings, including Q&A and PDF files of all handouts (available 10 days after the seminar).

For CLE only, this program is pre-approved for self-study credit in AK, AZ, CA, MO, MT, VT, WV.

Self-study CLE credits are also available in CT*, CO, GA, ID, KY, LA, ME, NV, ND, NY*, OR, TX, UT, WA, WI, WY.
Please call us if you will be self-reporting in one of these states. *For CT and NY, Strafford needs to process the CLE — see below to purchase this option

Self-study CPE is not offered on CD purchases.

CD $297.00 plus $9.45 S&H


CLE Processing on CD/DVD (NY and CT Only)

CLE processing for listening to the CD/DVD is available for an additional $65 per person per state in NY and CT.

CLE on CD Processing $65.00

Program Materials

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CLE Credit

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

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Customer Reviews

Great program.  All three speakers were very knowledgeable and had smooth deliveries.

John Bowers

Fortune 100 Company

The teleconference addressed a highly relevant topic that recurs in my practice. The subject matter was very timely and informative.

Saleem Moghal

Paul Hastings Janofsky & Walker

Speakers demonstrated thorough subject matter knowledge.

Jodi Plagenz

Deere & Co.

The program was very to the point — no fluff.

Brian McNamara

Wright Lindsey & Jennings

The three presentations created a balanced approach.

Cris Navarro

Enloe Medical Center

Employment & ERISA Advisory Board

Robert P. Davis

Partner

Mayer Brown

Barbara E. Hoey

Partner

Kelley Drye

Jeffrey Hollingsworth

Partner

Perkins Coie

Marcia Nelson Jackson

Counsel

Akin Gump Strauss Hauer & Feld

Paul J. Kennedy

Shareholder

Littler Mendelsohn

Laura Foote Reiff

Shareholder

Greenberg Traurig

Eugene Scalia

Partner

Gibson Dunn & Crutcher

Teresa R. Tracy

Partner

Berger Kahn

Todd D. Wozniak

Shareholder

Greenberg Traurig