Avoiding Retaliation Claims by Current Employees After Internal Discrimination or Harassment Complaints or Legal Actions

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

Conducted on Wednesday, January 14, 2015

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will provide employment counsel with practical guidelines to minimize the risk of retaliation claims by current employees who have already asserted discrimination or harassment complaints. Our knowledgeable panelists will discuss key issues to guide employers throughout the pendency of such claims, and will advise participants on such managerial issues as the imposition of discipline to redress misconduct and poor performance, the documentation of such discipline, and the prevention of self-help discovery.


A large percentage of employers will be targets of claims of discrimination or harassment from a current employee. Because retaliation claims can succeed even if the underlying discrimination claims fail, employers must carefully manage employees who file internal complaints, EEOC charges or lawsuits during their employment.

The guiding principal is to balance the employer’s prerogative to manage its employees and conduct its business effectively against the employee’s statutorily protected right to bring a discrimination claim without suffering adverse employment consequences.

Listen as our distinguished panel discusses the latest federal case law developments in retaliation cases and offers best practices for handling discipline, performance standards for employees engaged in protected activity, restrictions that may be imposed on the complaining employee’s access or interaction with co-workers, and more.



  1. Recent legal developments regarding the elements of retaliation claims
  2. Managing an employee who has filed a discrimination or harassment claim against the employer
  3. Practical strategies to minimize an employer’s liability exposure after an employee sues


The presenters will examine the following key issues:

  • Federal case law developments and the legal framework for establishing practices to handle complaining employees
  • Legal limits on an employee litigant’s protected status
  • Best practices for day-to-day supervision, with an emphasis on responses to charges filed as an offensive measure
  • The imposition of discipline for performance, misconduct, insubordination, interaction with co-workers and documentation requirements
  • The prevention of self-help discovery
  • Considerations for situations when termination is the only realistic option


Leonard Court
Leonard Court

Crowe & Dunlevy

Mr. Court is a Shareholder in Crowe & Dunlevy--Oklahoma’s oldest law firm. He founded the firm’s Labor...  |  Read More

Arlene Switzer Steinfield
Arlene Switzer Steinfield

Senior Counsel
Dykema Gossett

Ms. Steinfield is Senior Counsel in Dykema Gossett PLLC’s Labor and Employment Practice. With more than 35 years...  |  Read More

Other Formats
— Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video