Retaliation Claims in Employment Law
Retaliation claims can be among the most difficult to defend particularly in the context of a shifting legal landscape. A retaliation claim is often couched as an illegal employer reaction to an employee’s complaint about workplace sexual harassment or other discrimination, and those claims succeed or fail independently of the underlying claim. This program will provide you with a practical discussion of the current state of the law of retaliation claims, including how the seminal Burlington Northern case has evolved in the courts, the elements of an actionable case, regulatory issues and developments, and best practices of working with whistleblowers and others who have alleged discrimination so as to reduce the risk of liability for retaliation.
- Burlington Northern retaliation claims in practice and in the courts
- Developments related to each element of an actionable claim
- Relationship between relation claims and discrimination claims
- How the EEOC defines retaliation
- Working with whistleblowers and employees who have alleged discrimination
- Best practices to reduce litigation and control damages
Ernie Haffner is a Senior Attorney-Advisor in the EEOC’s Office of Legal Counsel in Washington, D.C., where he is primarily responsible for drafting policy documents under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the Equal Pay Act. In addition to drafting policy documents, he provides training and other outreach on various EEO issues, such as harassment, retaliation, gender discrimination, and national origin discrimination. Mr. Haffner received his B.A. from the University of Maryland and his J.D. from American University in Washington, D.C.
