Overcoming the Complex Challenges of Retaliation Claims: Managing Plaintiff Employees and Strategies for Defending Retaliation Suits

September 27, 2017 10:55am

Donna M. Melby

Paul Hastings LLP

Cathy J. Beveridge

Buchanan Ingersoll & Rooney PC

Julie K. Adams

FordHarrison LLP

  • 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