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Drafting Position Statements to Mitigate EEOC Full-Scale Investigations and Lawsuits

Webinar: ID# 1013852
Recorded CD
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About This Course:
This webinar will equip employment counsel with the practical techniques needed to draft EEOC position statements. Hear from experienced panelists as they discuss strategic techniques to respond to various types of charges while minimizing full-scale investigations and lawsuits.

Course Description

The EEOC has implemented its systemic discrimination initiative targeting discrimination in hiring, promotion, pay, disability issues, etc. Many of the resulting full-scale investigations or lawsuits stem directly from an employer's response to an EEOC charge. Employers often believe they are equipped to draft position statements without advice of counsel, especially if the challenged action is based on a blanket policy enforced against all employees. This costly mistake often provides the basis for a disparate impact claim.

Practitioners must ensure employers know that they need to bring in counsel from the very outset of any adverse employment action. Employers' counsel must craft a complete, concise and effective position statement based on a thorough and documented internal investigation. Counsel must guide employers with thoughtful and strategic consideration to mitigate further investigations and lawsuits.

Listen as our distinguished panel discusses effective attorney involvement in the internal investigation which serves as the basis for the position statement. The panelists will then review position statement drafting techniques based upon the initial charge. Finally, the panelists will review best practices for policies and procedures.

AGENDA

  • Internal investigation
  • Position statement drafting techniques
  • Class claims vs. individual claims
  • Failure to hire claims
  • Equal pay claims
  • Policy and procedure best practices

Benefits

The panel will review these and other key questions:

  • What techniques should be implemented when conducting an internal investigation with the position statement in mind?
  • Depending on the basis of the charge, what techniques should be used when drafting the position statement?
  • What are the best practices for crafting the company's employment policies and procedures?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

William J. Anthony, Shareholder
Jackson Lewis, Albany, N.Y.
Mr. Anthony is the Chair of the firm's National Class Action Practice Group. He has been defending employment claims for more than 20 years in a number of federal and state courts around the country. Mr. Anthony advises clients on the full range of employment law issues and provides training on management skills, discrimination, harassment, and wage/hour issues.

Richard S. Cohen, Shareholder
Jackson Lewis, Phoenix
For more than 35 years, Mr. Cohen has represented employers in federal and state courts and before administrative law judges on a variety of litigation matters. He has successfully defended employers in several of the most significant private class actions in the Southwest. In addition, Mr. Cohen has substantial experience defending lawsuits filed by the EEOC and state agencies on behalf of a class.

Paul Patten, Shareholder
Jackson Lewis, Chicago
Mr. Patten represents management in employment cases in federal and state courts and before administrative agencies. His practice focuses primarily on employment litigation and counseling. He represents employers in individual and class-based lawsuits covering a wide range of statutes and subjects, including anti-discrimination and wage and hour laws.

Shelley Carthen Watson, Senior Associate General Counsel
University of Minnesota, Minneapolis
Ms. Carthen Watson's practice is primarily devoted to providing advice, counsel and training in labor relations and employment issues, as well as defense of the University in collective bargaining and internal grievance arbitrations, and administrative matters before the EEOC, Minnesota Department of Human Rights and DOL. Prior to coming to the University, she was a Partner with Robins Kaplan Miller &Ciresi, where her practice focused on business litigation and employment counseling and litigation.


CPE Credits Available!


This program has been approved for 1.5 CPE hours through Strafford Publications. CPE Credit is available only for the LIVE webcast. Recorded versions do not qualify for credit.

Strafford is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit.

To obtain CPE credit, attendees must participate in the live event, return an Official Record of Attendance to Strafford affirming their participation (including the CPE code announced during the program), and pay a processing fee of $35 per person. Strafford then will mail a certificate of credit within approximately two weeks of receiving your completed Official Record of Attendance.

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Drafting Position Statements to Mitigate EEOC Full-Scale Investigations and Lawsuits
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