Employment Retaliation Claims on the Rise: Avoiding and Defending EEOC Charges and Private Lawsuits

Navigating the EEOC's New Enforcement Guidance on Retaliation, Protected Activity, Materially Adverse Actions and Causation

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


Conducted on Thursday, April 13, 2017

Recorded event now available

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Program Materials

This CLE webinar will arm employment counsel with strategies for avoiding and defending against workplace retaliation claims—the most common type of charge filed with the EEOC—in the wake of the 2016 EEOC Enforcement Guidance on Retaliation and Related Issues. The panel will provide guidance for developing effective policies and procedures to minimize the risk of EEOC charges and private retaliation litigation and for crafting litigation strategies that will increase the likelihood of success when defending against retaliation claims.

Description

Employee retaliation claims continue to be the most common charge the EEOC pursues each year. During fiscal year 2015, 45% of all charges filed with the EEOC were for retaliation, with most of them centered on race or disability. Employees can bring retaliation claims under a variety of federal statutes, including Title VII, the ADA, the ADEA, the Rehabilitation Act, the Equal Pay Act and GINA, and the claims can linger even when the underlying allegation is without merit.

Following the issuance of the EEOC’s Enforcement Guidance on Retaliation and Related Issues in Aug. 2016, which broadens retaliation protections for federal and private sector applicants and employees by expanding the scope of protected employee activity, employers should prepare for a continued climb in retaliation charges and lawsuits.

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.

When faced with EEOC charges or private litigation, counsel defending employers must make strategic choices regarding information to present to the EEOC or court, effective trial themes and strategies, whether and when to pursue dispositive motions, and how to protect privileged information.

Listen as our authoritative panel of employment attorneys reviews recent trends in workplace retaliation claims. The panel will discuss the key components and impact of the new EEOC Enforcement Guidance, review recent court decisions addressing retaliation claims, and outline strategies for avoiding EEOC charges and private lawsuits and/or increasing the likelihood of success when defending against them.

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Outline

  1. Review of 2016 EEOC Enforcement Guidance on Retaliation and Related Issues
  2. Recent case law addressing retaliation claims
  3. Best practices to minimize EEOC charges and lawsuits
    1. Written antiretaliation 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
  4. Strategies for defending against EEOC charges and retaliation lawsuits

Benefits

The panel will review these and other key issues:

  • What specific topics are addressed in the 2016 EEOC Enforcement Guidance on Retaliation and Related Issues?
  • How are courts ruling in recent retaliation cases? What lessons can be taken from these rulings?
  • What steps can employers and their counsel take to reduce their exposure to employee retaliation claims?
  • What are some effective strategies for employment counsel when defending EEOC charges or retaliation suits?

Faculty

William C. Martucci
William C. Martucci

Partner
Shook Hardy & Bacon

Mr. Martucci practices exclusively on behalf of management in connection with national employment litigation and policy...  |  Read More

Pontz, Evan
Evan H. Pontz

Partner
Troutman Sanders

Mr. Pontz specializes in employment and labor law matters, including discrimination litigation, traditional labor law...  |  Read More

Sarah N. Turner
Sarah N. Turner

Partner
Gordon Rees Scully Mansukhani

Ms. Turner's litigation experience includes defending employers in wrongful discharge, discrimination, harassment,...  |  Read More

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