EEOC’s New Retaliation Claims Enforcement Guidance: Strategies for Avoiding and Defending Your Company Against Threats
For the past years, employee retaliation claims have been the most popular and common type of charge filed with the Equal Employment Opportunity Commission (EEOC) with most cases focused on racial discrimination and disability. Earlier this year, the EEOC published and released a new enforcement guidance centered on unlawful harassment and retaliation which requires employers to implement programs that are geared to combat "known or obvious risks of harassment." Failure to comply with the requirements of the new guidance could result in the loss of traditional affirmative defenses to harassment claims.
To avoid potential risks and pitfalls, employers should keep themselves abreast with the recent trends and updates on EEOC retaliation claims.
In this LIVE Webcast, a seasoned team of thought leaders and professionals brought together by The Knowledge Group will provide and present to the audience an in-depth analysis of the fundamentals as well as recent developments surrounding the EEOC's New Retaliation Claims Enforcement Guidance. Speakers will also provide practical tips and strategies to avoid legal claims.
Key topics include:
- EEOC’s New Harassment and Retaliation Guidance
- The Five Core Principles of the New Guidance
- Strategical Approaches in Preventing and Addressing Retaliation Claims
- Significant Court Decisions
- Recent Trends and Developments
McElroy, Deutsch, Mulvaney & Carpenter, LLP
The Real World and Real Retaliation: Review of Recent Litigations
- Litigation Experience: Retaliation Claims – Harder to Prove on Paper; Easier to Prevail on at Trial
- Federal law limitations v. Local law expansions
- Cases Pushing the Limits on “Protected Activity”
- When Does the Employer “Know” of the Protected Activity?
- But-For Causation and Mixed-Motive Defenses
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- What is “Protected Activity” and how to recognize it. Describe these, then give examples.
- Participation conduct---participation in a complaint, investigation, or lawsuit
- Opposition conduct—opposition to conduct that the employee reasonably believes is unlawful
- What is “Retaliation” under federal law?
- Training and coaching essentials for managers and supervisors
- Examples of what would be retaliation, and what would not be retaliation
- The importance of consistency—How does an employer deal with an employee who has engaged in protected activity. Must you turn a blind eye to legitimate performance issues?
- The importance of employee documentation—and how to make the paper trail work for your employer’s benefit.
Who Should Attend:
- Employment and Labor Lawyers
- Employment Law Advisors
- Labor and Employment Counsel
- HR Executives
- Human Resource Personnel
- Employee Relations Officers
- Top Level Management
- Multinational Companies
- Private and Public Companies
- Other Interested Professionals
Margaret L. Watson is Of Counsel to McElroy, Deutsch, Mulvaney & Carpenter, LLP and serves as the Firm’s Labor and Employment lawyer in its New York City office. Ms. Watson has more than 25 years litigation experience, primarily in the area of employment law, including discrimination and retaliation/whistleblower claims. Her practice includes representing large corporations and start-up businesses, as well as individual managers who are named as defendants in employment litigation. She regularly appears on behalf of her clients in federal and state court, as well as in agency proceedings before the EEOC, NYSDHR and NYCCHR and in arbitrations. She also counsels employers on how to proactively prevent employment claims, reduce litigation exposure, deliver best-in-class workplace policies, and implement lawful diversity and inclusion initiatives.
Prior to joining the firm Ms. Watson was with Merrill Lynch & Co., Inc. where she served in a variety of roles, including Director and Senior Counsel within the Office of General Counsel’s Employment Law Group and subsequently the Corporate Ombudsman for Merrill’s Global Wealth Management (GWM) business. Earlier in her career, she represented plaintiffs in employment cases and was a partner with Vladeck, Waldman, Elias & Engelhard, P.C. She is a graduate of the Harvard Law School, cum laude, and a former law clerk to the Honorable Whitman Knapp of the United States District Court for the Southern District of New York.
Margaret L. Watson is Of Counsel to McElroy, Deutsch, Mulvaney & Carpenter, LLP and serves as the Firm’s Labor and …
Melissa Essary is a Professor of Law and former dean of Campbell University School of Law in Raleigh, North Carolina.
She in an award-winning teacher who has taught Employment Discrimination Law and Workplace Law since 1990, teaching literally thousands of law students those subjects.
She speaks regularly on Employment Law topics to attorneys and employers, and she serves as a mediator on claims of discrimination and retaliation against employers.
Melissa Essary is a Professor of Law and former dean of Campbell University School of Law in Raleigh, North Carolina. …
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Method of Presentation:
Experience in labor and employment law
NY Category of CLE Credit:
Areas of Professional Practice
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About McElroy, Deutsch, Mulvaney & Carpenter, LLP
McElroy, Deutsch, Mulvaney & Carpenter, LLP (“MDMC”) is a full service law firm, offering legal service across many practice areas, including litigation, labor and employment, healthcare, bankruptcy/restructuring, real estate, insurance, environmental law, fidelity and surety, construction, corporate transactions, white collar crime, municipal and local government law and corporate compliance. The Firm has more than 300 lawyers in twelve offices in eight states. It is the Firm’s mission to provide clients with the critical edge they need to achieve their legal and business objectives. MDMC places the client first. Clients who seek the assistance of MDMC will discover lawyers dedicated to providing superior service and personal attention to clients’ needs. The Firm has developed a national reputation and regional expertise without abandoning the focus on efficiency and client satisfaction that is oftentimes the hallmark of the best small firms.
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