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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

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, January 7, 2020

Recorded event now available

or call 1-800-926-7926

This CLE course 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 review the pendency of such claims and advise participants on managerial matters such as redress for misconduct and poor performance, documenting discipline, and preventing self-help discovery.


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

The guiding principle for employers is balancing 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 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, permissible restrictions 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 panel will review 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


Davis, Joshua
Joshua M. Davis

Goulston & Storrs

Mr. Davis specializes in the area of labor and employment law and related litigation. He represents employers in a wide...  |  Read More

Horvitz, Matthew
Matthew P. Horvitz

Goulston & Storrs

Mr. Horvitz is a pragmatic, versatile trial lawyer and counselor focused on workplace dynamics, complex employment...  |  Read More

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