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

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

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

Webinar now available On-Demand.

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


When an employee claims unlawful retaliation, what constitutes a materially 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 (although frustrating to an employee) may not rise to the level of a materially adverse 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 engages in protected conduct. Protected conduct includes activities such as filing a discrimination charge with the EEOC 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. 

Use thie on-demand webinar 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 employment 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 an employee has violated workplace 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

Gary FealkGary Fealk Esq. 
The Murray Law Group

Gary S. Fealk practices in all areas of labor and employment litigation on behalf of private and public sector employers. Fealk has particular expertise in the area of union/management relations including collective bargaining, labor arbitrations, administrative proceedings before the National Labor Relations Board and Michigan Employment Relations Commission and multi-employer benefit fund collection actions. Fealk also has extensive experience in defending discrimination, retaliation and harassment claims in state and federal courts and before the Michigan Department of Civil Rights and Equal Employment Opportunity Commission. Fealk also represents employers in cases involving non-competition agreements, the Family and Medical Leave Act, the Fair Labor Standards Act, and the Occupational Safety and Health Act.