Litigating Employment Retaliation Claims: Strategies for Defending EEOC Charges and Retaliation Lawsuits
Recording of a 90-minute CLE webinar with Q&A
This CLE course 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.
Outline
- Review of rise in employee retaliation claims
- Recent case law addressing retaliation claims
- Protected activity
- Adverse action
- “But for” causation
- 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
Partner
Paul Hastings
Mr. Gage represents employers in a wide range of federal and state employment litigation matters, from pre-litigation... | Read More
Mr. Gage represents employers in a wide range of federal and state employment litigation matters, from pre-litigation counseling through trials and appeals. His litigation experience includes defendants’ verdicts in several jury trials involving race, age, sex and disability discrimination claims, retaliation claims, and state common law claims. Mr. Gage also regularly counsels employers on litigation avoidance and best practices.
CloseMark 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
Mr. Oberti represents employers, employees and executives in all areas of employment law and is board certified in Labor and Employment Law by the Texas Board of Legal Specialization. Mr. Oberti is a frequent speaker on a variety of employment law topics including the ADA, Title VII, the ADEA, retaliation, the FMLA, the FLSA, religious discrimination, pregnancy discrimination, and EEOC practice and litigation.
CloseEmily R. Pidot
Of Counsel
Paul Hastings
Ms. Pidot’s practice includes defending employers against single- and multi-plaintiff claims of discrimination,... | Read More
Ms. Pidot’s practice includes defending employers against single- and multi-plaintiff claims of discrimination, retaliation, unpaid bonuses and wrongful termination, as well as wage-and-hour class and collective actions. She regularly counsels clients on HR policies and employee relations to prevent litigation, and also has extensive experience providing anti-discrimination and anti-harassment training to clients’ workforces.
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