Drafting Position Statements to Mitigate Full-Scale EEOC Investigations and Lawsuits

Strategic Techniques to Address Claims of Failure to Hire, Equal Pay, Class vs. Individual Claims

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

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Conducted on Wednesday, October 6, 2021

Recorded event now available

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Course Materials

This CLE course will provide employment counsel with practical techniques to draft EEOC position statements. The experienced panel will outline strategies for responding to various EEOC charges while minimizing full-scale investigations and lawsuits.

Description

The EEOC continues to pursue its initiative against systemic discrimination in hiring, promotion, pay, disability, and other issues. Many of the resulting full-scale investigations or lawsuits stem directly from an employer's response to an EEOC charge.

Employers often believe they can draft position statements without the advice of counsel, primarily if a blanket policy enforced against all employees is the basis for the challenge. This costly mistake can provide the basis for a disparate impact claim. Employers should bring in counsel when developing and implementing employment policies and from the very outset of an adverse employment action to minimize liability exposure.

Employers' counsel must craft a complete, concise, and practical position statement based on a thorough and documented internal investigation. Counsel must guide employers strategically to mitigate further investigations and lawsuits.

Listen as our distinguished panel discusses effective attorney involvement in the internal investigation that serves as the basis for the EEOC position statement. The panelists will review position statement drafting techniques based upon the initial charge and discuss best practices for developing policies and procedures.

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Outline

  1. Internal investigation
  2. Position statement drafting techniques
    1. Basic components
    2. Class claims vs. individual claims
    3. Failure to hire claims
    4. Accommodation claims
  3. Policy and procedure best practices

Benefits

The panel will review these and other relevant issues:

  • What are best practices when conducting an internal investigation with the EEOC position statement in mind?
  • Based on the charge, what are the best approaches to drafting the position statement?
  • What types of unnecessary information should employers avoid providing in position statements?

Faculty

Kosovych, Adriana
Adriana S. Kosovych
Attorney
Epstein Becker & Green

Ms. Kosovych’s experience includes: representing clients in employment-related litigation on a broad array of...  |  Read More

Morris, Frank
Frank C. Morris, Jr.
Member
Epstein Becker & Green

Mr. Morris leads the firm’s Employment, Labor and Workforce Management Practice in the Washington, D.C., office,...  |  Read More

Rhodes, Jeffrey
Jeffrey L. Rhodes
Partner
McInroy, Rigby & Rhodes

Mr. Rhodes advises companies and executives, representing them in the structuring, drafting and defending of...  |  Read More

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