Avoiding Retaliation Claims by Current Employees After Internal Discrimination or Harassment Complaints or Legal Actions

This CLE course will provide employment counsel with practical guidelines to minimize the risk of retaliation claims by current employees who have already asserted discrimination or harassment complaints. Our knowledgeable panelists will review the pendency of such claims and advise participants on managerial matters such as redress for misconduct and poor performance, documenting discipline, and preventing self-help discovery.

A large percentage of employers will be targets of claims of discrimination or harassment from a current employee. Retaliation claims can succeed even if the underlying discrimination claims fail, so employers must carefully manage employees who file internal complaints, EEOC charges, or lawsuits during their employment.

The guiding principle for employers is balancing the employer's prerogative to manage its employees and conduct its business effectively against the employee's statutorily protected right to bring a discrimination claim without adverse employment consequences.

Listen as our distinguished panel discusses the latest federal case law developments in retaliation cases and offers best practices for handling discipline, performance standards for employees engaged in protected activity, permissible restrictions on the complaining employee's access or interaction with co-workers, and more.