Litigating Employment Retaliation Claims: Strategies for Defending EEOC Charges and Retaliation Lawsuits

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


Conducted on Wednesday, August 26, 2015

Recorded event now available

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Program Materials

This CLE webinar will arm employment counsel with strategies for defending against retaliation claims, the most common type of charge filed with the EEOC. The panel will provide guidance in developing an overall effective litigation strategy based on lessons from recent court decisions regarding affirmative defenses, causation, adverse employment action, and more.

Description

Employee retaliation claims are soaring; the EEOC received more retaliation claims in 2014 than any other type of charge. Employees can bring retaliation claims under a variety of federal statutes—Title VII, the ADA, the FMLA, the FLSA, Sarbanes-Oxley, Dodd-Frank—and the claims can linger even when the underlying discrimination or other allegation is without merit.

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 will be costly for the employer.

Listen as our authoritative panel of employment attorneys reviews recent trends in employee claims alleging retaliation. The panel will discuss recent court decisions addressing key elements of retaliation claims and outline strategies for increasing the likelihood of success in defending against them.

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Outline

  1. Review of rise in employee retaliation claims
  2. Recent case law addressing retaliation claims
    1. Protected activity
    2. Adverse action
    3. “But for” causation
  3. Litigation strategies for defending against EEOC charges and retaliation lawsuits

Benefits

The panel will review these and other key issues:

  • 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 are some effective strategies for employment counsel defending EEOC charges or retaliation suits?

Faculty

Kenneth W. Gage
Kenneth W. Gage

Partner
Paul Hastings

Mr. Gage represents employers in a wide range of federal and state employment litigation matters, from pre-litigation...  |  Read More

Mark J. Oberti
Mark J. Oberti

Partner
Oberti Sullivan

Mr. Oberti represents employers, employees and executives in all areas of employment law and is board certified in...  |  Read More

Emily R. Pidot
Emily R. Pidot

Of Counsel
Paul Hastings

Ms. Pidot’s practice includes defending employers against single- and multi-plaintiff claims of discrimination,...  |  Read More

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