When the EEOC Comes Knocking
Anticipating and Responding to Discrimination and Retaliation Investigations
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide a roadmap for employment counsel for navigating the EEOC's process for investigating allegations of employment discrimination and retaliation. The panel will outline forward-thinking strategies to implement before discrimination investigations, claims and litigation ensue.
- Current EEOC enforcement trends
- Failure to hire claims
- Criminal background checks
- Pre-employment testing
- Lilly Ledbetter Fair Pay Act claims
- EEOC investigative process
- Evaluating the charge
- Preparing the position statement
- Discovery strategies, including use of privileges
- Preparing for potential Freedom of Information Act requests
- Subpoena power of the EEOC
- Settlement considerations
- When charges are not settled early
- EEOC settlements versus private litigation settlements
- Typical requirements
- Impact of decision-making chain
- Impact of expanded ADR at EEOC
- Enforcement of EEOC settlements and final orders
- Enforcement of final orders
- Compliance with settlements
The panel will review these and other key questions:
- How can counsel effectively prepare a position statement in response to an EEOC investigation—one that won't end up as evidence against the company?
- What should companies consider in evaluating settlements of EEOC claims?
- How has the expanded use of ADR by the EEOC impacted the settlement of EEOC claims?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Alison B. Marshall
Ms. Marshall is an active litigator who has extensive experience handling complex employment litigation matters... | Read More
Ms. Marshall is an active litigator who has extensive experience handling complex employment litigation matters including employment discrimination class actions and wage and hour class actions. She is a frequent speaker on employment and civil rights issues and the author of a number of published articles on EEO issues.Close
Teresa R. Tracy
Gladstone Michel Weisberg Willner & Sloane
She chairs the firm's Labor and Employment Group. She represents management in all areas of labor and employment... | Read More
She chairs the firm's Labor and Employment Group. She represents management in all areas of labor and employment law and litigation, including wrongful termination, discrimination, wage and hour, class action, union organizing campaigns, grievances and arbitrations, and collective bargaining. She also provides preventive services, including comprehensive counseling and training.Close