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Employee Retaliation Claims Are On The Rise: How to Prevent and Avoid

Avoid employee retaliation claims with these tips and tricks.

Employees are protected from retaliatory actions by their employer as a result of or connected with engaging in protected activities recognized by various labor and employment laws. While the total number of traditional disparate treatment and impact claims against employers continue to be rampant, retaliation lawsuits and related administrative charges are actually outpacing traditional claims. As one prominent EEOC investigator recently explained, 'It is not the initial discrimination charge that employers should be concerned with as much or more than ensuring that the employee is not retaliated against for having filed it.' Management, at all levels, must recognize retaliation protections and avoid any perception of retaliation when continuing to control the employee relationship.

Runtime: 91 minutes
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Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

What Is Protected Activity? (Common Scenarios Identified)

  • Initiating or Participating in an Internal Workplace Complaint of Harassment or Discrimination
  • Filing a Claim of Discrimination With a Local, State or Federal Civil Rights Agency
  • Requesting an Accommodation for a Medical Condition or Disability
  • Filing or Reporting a Workers' Compensation Claim Following a Work-Related Injury
  • Engaging in Union Organizing Activity or Complained About Workplace Terms and Conditions on Behalf of Co-Workers
  • Requesting a Pregnancy Leave of Absence
  • Requesting Leave Under the Family and Medical Leave Act or Other State Law Leave Entitlements
  • Filing a Safety Related Complaint With the Occupational Safety and Health Administration
  • Filing a Whistle-Blower's Claim Alleging That the Employer Engaged in Illegal Conduct
  • Complaining of Wage and Hour Issues, Including Filing an FLSA Wage Claim

Adverse Action/Retaliatory Conduct

  • National Case Law Developments Identifying What Is and What Is Not Retaliatory Conduct
  • National Statutory Developments Identifying What Is and What Is Not Retaliatory Conduct

Standards of Proof/Proving Retaliation Claims

  • Most Common Standards Analyzed
  • Temporal Proximity and How Timing Can Be Relevant or Irrelevant
  • Case Law Developments Identified

Potential Damages

  • Back Pay
  • Front Pay
  • Reinstatement/Injunctive Relief
  • Attorneys' Fees
  • Punitive Damages
  • Emotional Damages/Pain and Suffering

Employer Best Practices Revealed

  • Do's and Don'ts When Confronting and Disciplining Employees
  • Updating Policies and Procedures to Address Anti-Retaliation
  • Utilizing Appropriate Disclaimers
  • Coordinating Adverse Action With Opposing Counsel, the EEOC or Other Administrative Agencies
  • Reviewing and Updating Valid Release Agreements
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

This course was last revised on March 7, 2018.

Call 1-866-352-9540 for further credit information.

  • HR Certification Institute 1.5
     
  • This E-Learning program has been approved for 1.5 recertification credit hours toward general recertification through the HR Certification Institute. For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org.
     
  • SHRM 1.5
     
  • Lorman Education Services is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.5 PDC(s) for the SHRM-CP or SHRM-SCP. For more information about certification or recertification, please visit www.shrmcertification.org.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

  • Those applying for AIA and HRCI must view 100% of the program and answer the questions following the program.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • GA CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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More Program Information

Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Jeffrey A. Risch, Esq.

Jeffrey A. Risch, Esq.

SmithAmundsen LLC

  • Partner and chair of SmithAmundsen’s Labor & Employment Practice Group - Chicago, Illinois
  • Practice emphasizes all aspects of management-side labor and employment, in both employment litigation and traditional labor matters
  • Experience representing employers in federal, state and administrative venues
  • Named to the 2010 Chicago Law Bulletin’s 40 Under 40; Best Lawyers 2017 – Employment Law; and the Illinois SuperLawyers 2012 to 2017
  • Chair, Employment Law Council – Illinois State Chamber of Commerce
  • Chapter Labor Counsel – Associated Builders & Contractors of Illinois
  • Can be contacted at [email protected] or (630) 587-7922
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Pay once and get a full year of unlimited training in any format, any time!

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Product ID: 400257
Published 2018
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