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
This CLE course 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.
Outline
- Review of 2016 EEOC Enforcement Guidance on Retaliation and Related Issues
- Recent case law addressing retaliation claims
- Best practices to minimize EEOC charges and lawsuits
- Written antiretaliation policy that is clear and unambiguous
- Training of supervisors and managers
- Internal complaint resolution procedures
- Unbiased investigation of claims
- Documentation of investigations and resolutions
- Effective employee relations practices
- 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
Partner; Chair, National Employment Litigation & Policy Practice Group
Shook Hardy & Bacon
Mr. Martucci practices nationally in business and employment litigation, with a focus on complex class action... | Read More
Mr. Martucci practices nationally in business and employment litigation, with a focus on complex class action (employment discrimination and wage-and-hour, including California) litigation, as well as high-stakes executive disputes, whistleblower matters, and unfair competition. Working as part of a trial team, presenting and winning cases on behalf of companies before juries, and advising corporate clients concerning effective business and human resources practices are the primary activities in which Mr. Martucci engages. He has successfully tried a number of jury cases and has effectively resolved a variety of class action cases. His litigation docket is national in scope with cases throughout the U.S. His primary practice areas focus on complex class action (employment discrimination and wage & hour) litigation, Equal Employment Opportunity Commission litigation, unfair competition litigation, and business litigation. In the traditional labor relations field, Mr. Martucci has been involved in a number of NLRB representations, as well as serving as strategic labor relations counsel for national companies.
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Evan H. Pontz
Partner
Troutman Sanders
Mr. Pontz specializes in employment and labor law matters, including discrimination litigation, traditional labor law... | Read More
Mr. Pontz specializes in employment and labor law matters, including discrimination litigation, traditional labor law issues, compliance counseling and preventative training. He represents companies in discrimination litigation involving sex, race, age, disability, sexual harassment, FMLA leave issues, wage and hour matters, and state law tort claims, as well as in labor arbitrations, contract negotiations, and in dealing with existing or potential unions.
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Sarah N. Turner
Partner
Gordon Rees Scully Mansukhani
Ms. Turner's litigation experience includes defending employers in wrongful discharge, discrimination, harassment,... | Read More
Ms. Turner's litigation experience includes defending employers in wrongful discharge, discrimination, harassment, retaliation, invasion of privacy, defamation, and wage and hour suits in state and federal courts. She counsels, trains, and represents clients on a broad range of employment law issues, including hiring, review, and termination procedures; workplace investigations; discrimination, harassment, and retaliation issues; wage and hour law and FMLA issues. Ms. Turner also drafts and updates personnel policies, workplace privacy issues, employee handbooks, drug and alcohol policies, employment agreements, trade secret issues, and non-competition agreements.
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