New EEOC Retaliation Enforcement Guidance: Best Practices For Avoiding Your #1 Employee Charge Risk
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In January 2016, the EEOC released proposed guidance to overhaul its regulatory interpretation of the standards for proving retaliation under the various civil rights laws including Title VII, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the Rehabilitation Act, and the Equal Pay Act.
According to many employment attorneys, the EEOC’s new guidance will make it harder for employers to defend retaliation claims. This is especially concerning because the threat of being sued for retaliation is enormous: according to the Equal Employment Opportunity Commission (EEOC), in 2014 retaliation claims made up 48.4% of all charges filed under federal civil rights statutes.
Even more challenging, winning a retaliation claim is particularly difficult for the employer because the employee doesn’t have to show the validity or their underlying discrimination or harassment claim.
A public comment period about the proposed guidance is currently underway, so now is the time to find out what the EEOC’s position on retaliation could mean for how you train the workforce to minimize the risk of retaliation.
Join us for insights into the best practices the EEOC proposes employers should follow to help avoid retaliation claims, as well as its recommendations on employee and supervisor training.
The odds of being subjected to retaliation claims are really high. Minimizing your exposure to potential liability starts by taking a proactive approach to creating and maintaining a retaliation-free work zone. Through timely intervention, customized training, and this webinar you can achieve this!
- The practical impact of the EEOC’s newly released draft enforcement guidance on retaliation
- The EEOC’s 7 recommended training strategies and 4 things it says can help employers avoid retaliation claims altogether
- Laws under which employees may lodge retaliation claims against your organization
- How you can unwittingly retaliate, even when your employee complains about something that isn’t even illegal or wrong
- HR mistakes concerning requests for accommodation and sanctioned leave
- Case studies of employers successfully sued for retaliation
- Steps you can take to avoid retaliation and minimize your legal risks
- And much more!
About Your Presenter
Attorney Jason Brown
Fisher& Phillips, LLP
Jason Brown focuses on litigation prevention and litigation defense, as well as advising management and HR professionals on legal issues. His practice includes drafting handbooks, overseeing severance agreements and employee separation, overseeing employment agreements and employee hiring, advising on new policies and legislation, representing companies in defending against employee compensation disputes from single plaintiff labor board filings to larger class action and representative suits.
Mr. Brown provides counseling on preventing and defending against sexual harassment, wrongful termination, and retaliation lawsuits, advice and representation for administrative hearings, EEOC investigations, and DLSE matters.
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|Licenses / Designations / Educational Credits:||PHR / SPHR Re-Certification Credits|
All US States: 1.5
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|Keywords For This Course:|
EEOC, Retaliation, retaliation claims
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