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Workplace Retaliation: How to Avoid the No. 1 Charge Filed with the EEOC and Write Position Statements to Withstand Scrutiny

Workplace Retaliation: How to Avoid the No. 1 Charge Filed with the EEOC and Write Position Statements to Withstand Scrutiny

Product Code: YEWA031919

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Workplace Retaliation: How to Avoid the No. 1 Charge Filed with the EEOC and Write Position Statements to Withstand Scrutiny

Live Webinar: Tuesday, March 19, 2019

1:30 p.m. to 3:00 p.m. Eastern / 10:30 a.m. to 12:00 p.m. Pacific

WEBINAR SNAPSHOT: Learn how to avoid retaliation claim filings with the EEOC and how to craft position statements that will withstand EEOC scrutiny.


What constitutes an adverse employment action and what doesn’t? 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.

For sure, HR’s failure to train supervisors and managers of the dangers that could follow if they retaliate against an employee for engaging in a protected activity could have disastrous consequences. For instance, last year, 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.

Given that retaliation continues to be the #1 charge filed with the EEOC, it’s essential 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 succinctly state—in a position statement—why your articulated reason for any such action isn’t a pretext. 

Join us on March 19 to 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 the event you’re served with a dreaded EEOC retaliation charge.

You’ll learn: 

  • 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 aboutwhat 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

Miranda WatkinsMiranda Watkins, Esq.
Fisher Phillips LLP

Miranda Watkins is an associate in the Fisher Phillips San Diego office. Her practice includes counseling and defending employers in all areas of labor and employment law. Before joining Fisher Phillips, Ms. Watkins worked as an associate attorney for a national law firm, focusing on employment and general civil litigation matters. During law school, she served as a law clerk for an administrative law judge at the U.S. Equal Employment Opportunity Commission (EEOC). There, her work focused solely on federal employment discrimination matters.

Have a specific question related to the topic of this audio conference? Post it here and get an answer during the event, time permitting, or in a follow-up e-mail from the audio conference presenter. This is only available to audio conference registrants.

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