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.

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

• CLE
• CPE
• SHRM
• NASBA
• HR Certification Institute

For Detailed Credit Information page click here

Only registered attendee will receive continuing education credit.

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 jrisch@salawus.com or (630) 587-7922