Overcoming the Complex Challenges of Retaliation Claims: Managing Plaintiff Employees and Strategies for Defending Retaliation Suits
Donna M. Melby
Paul Hastings LLP
Cathy J. Beveridge
Buchanan Ingersoll & Rooney PC
Julie K. Adams
- Overcoming the inherent difficulties in defending against retaliation cases
- Best practices for managing employees who have sued the company for discrimination
- What level of contact should there be with that employee?
- Should a documentation trail be initiated? When and how?
- Under what circumstances can you fire an employee who has sued the company?
- How to proceed if the employee drops their EEOC charge?
- Evaluating the EEOC’s position on these issues, as well as the latest court decisions
- Review of the latest case law developments impacting elements of retaliation claims – “protected activity,” “adverse action” and “causation”
- Overcoming juror preconceptions that retaliation is human nature in these scenarios
- Pitfalls to avoid in preventing and defending retaliation claims
- Counseling clients on establishing a model policy to protect the organization