Employee Retaliation Claims: Growing Litigation Threat

Minimizing Litigation Exposure and Defending Lawsuits and EEOC Charges

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, August 21, 2012

Recorded event now available

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This CLE course 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.


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.



  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


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?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.


Anthony J. Oncidi
Anthony J. Oncidi

Proskauer Rose

Mr. Oncidi represents employers and management in all aspects of labor relations and employment law, including...  |  Read More

Arlene Switzer Steinfield
Arlene Switzer Steinfield

Cox Smith Matthews

She has more than 30 years of experience in representing management in labor and employment law. She litigates...  |  Read More

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