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EEOC Position Statements: Avoid Unfavorable Decisions from Retaliation Claims by Knowing How to Correctly Frame Position Statements - On-Demand

EEOC Position Statements: Avoid Unfavorable Decisions from Retaliation Claims by Knowing How to Correctly Frame Position Statements - On-Demand

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EEOC Position Statements: Avoid Unfavorable Decisions from Retaliation Claims by Knowing How to Correctly Frame Position Statements - On-Demand

Webinar now available On-Demand.

WEBINAR SNAPSHOT: Attendees will learn how to avoid retaliation claim filings with the EEOC and how to write position statements to withstand EEOC scrutiny.

Employee retaliation is the number one reason filed with the EEOC in discrimination and wrongful employee action cases. Knowing what constitutes an adverse employment action and what doesn’t can help bolster your defense, should you be sued. A recently decided case out of the Seventh U.S. Circuit Court of Appeals sheds light on how a supervisor’s conduct may not rise to the level of constituting an adverse employment action. Such information may be useful for employers looking to proactively train managers on what they may be permitted to do and should never do after an employee or employees engage in protected conduct. Protected conduct includes activities such as filing an EEO charge like the federal employee in that case did or participating in an investigation into workplace misconduct. 

HR’s failure to train supervisors and managers on the dangers that could follow if they retaliate against an employee for engaging in a protected activity could have disastrous consequences. For instance, as recently as last August, a New Jersey jury in Mallon v. Hudson City Bank awarded almost $1 million to a former employee in a retaliation lawsuit. And in 2018, a Massachusetts jury awarded a nurse for a Boston-based hospital a whopping (and unprecedented) $28.2 million in damages on her claim the employer fabricated a story about her neglecting patients to get back at her for supporting a coworker’s discrimination charge. 

It’s essential for employers to ensure that any adverse employment action—such as a demotion, suspension, or firing—occurring after an employee engages in protected activity is legally justified. That means being able to state succinctly in a position statement why your articulated reason for any such action isn’t a pretext.  

Use this on-demand webinar and learn how to take a legally sound, uniform approach to employment documentation and discipline that will minimize the threat of costly retaliation claims. Our presenter, a skilled employment attorney, will also cover best practices for drafting position statements in case you’re served with a dreaded EEOC retaliation charge.

At the conclusion of this program, participants will understand:

  • What constitutes retaliation under federal law, and how best to avoid legal battles connected with perceived or real adverse employee actions that supervisors and managers may have taken (possibly unbeknownst to HR)
  • What the Seventh Circuit says in Lewis v. Wilkie about what is and what’s isn’t generally an “adverse employment action” under federal anti-retaliation laws 
  • When a valid retaliation claim may arise—even when what the employee does is against the rules—and how to avoid it
  • Training and coaching essentials for line managers and supervisors, so you minimize the risk of retaliation claims and consistently reinforce your formal anti-retaliation policy
  • How to carefully and discreetly investigate complaints of discrimination or harassment 
  • Why consistency is key—and examples showing how to highlight the consistent application of your workplace policies in defense of retaliation claims
  • Best practices for employee documentation—and how to make the paper trail work to your benefit (and how poorly drafted documentation could work to your detriment)
  • How to handle a situation where discipline or other employment action is warranted for something wholly unrelated to the employee’s protected activity
  • What to do if an employee files a retaliation claim against your company with the EEOC
  • What to put in your EEOC position statement so it stands up to agency scrutiny
  • And much more! 

About Your Presenter

Chris JevsevarChris Jevsevar, Esq.

Chris Jevsevar is an associate in the San Diego office of Fisher Phillips, where he defends employers against wage and hour class actions, actions brought under California’s Private Attorneys General Act (PAGA), as well as single plaintiff discrimination, retaliation, harassment, and wrongful termination claims. Jevsevar has also represented employers in actions brought by and before the California Labor Commissioner’s Office and the Equal Employment Opportunity Commission (EEOC).

While Jevsevar zealously defends clients in litigation, he is also a strong advocate of proactive training and compliance. In this role, Jevsevar counsels clients on best practices for hiring, discipline, employee separation, and leaves of absence issues. Likewise, he works with clients on wage and hour best practices, preventative policies, and drafting client-tailored employee handbooks.

Prior to joining Fisher Phillips, Jevsevar was an associate in the Labor & Employment Practice of a large national full-service firm in Los Angeles. In law school, Chris served as a Technical Editor for the Loyola of Los Angeles Law Review and as a Judicial Extern to the Honorable Larry A. Burns in the Southern District of California.