Workplace Retaliation: Protecting Against & Mitigating Risks

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This activity has been approved for 1.25 HR (General) recertification credit hours toward aPHR, PHR, PHRca, SPHR, GPHR, PHRi and SPHRi recertification through HR Certification Institute (HRCI). Please make note of the activity ID number on your recertification application form. For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org." ...more

According to EEOC statistics, the frequency with which employees allege claims of retaliation has increased dramatically over the past decade. In 2008, approximately 34 percent of all complaints filed with the EEOC included an allegation of retaliation. By 2020, that number increased to more than 55 percent. This dramatic increase means workplace retaliation claims have become one of the most frequently filed claims in employment-related lawsuits.

In most cases, claims of employer retaliation begin with a complaint of a different sort - a report of perceived workplace harassment or discrimination. The law prohibits taking any adverse action against an employee or applicant for engaging in this type of “protected activity,” even if it later turns out the original complaint was unfounded. In most cases, the action is considered retaliatory if the employee’s complaint was a motivating factor in the subsequent employment decision.

Why should you Attend: The manner in which an employer handles the employee’s reported concerns - and thereafter addresses other matters related to the complaining employee - often determines whether the employee will later claim he or she was retaliated against for having made the report.

So, how can employers protect against allegations of retaliation by employees who initiate or participate in complaints of harassment or discrimination? By participating in this informative 75-minute program, you’ll be provided with the information you need to assist your organization in preventing and mitigating risks of retaliation.

Areas Covered in the Session:

• What constitutes workplace retaliation?
• Federal laws with anti-retaliation provisions
• The role of the EEOC when investigating claims of retaliation
• Why employers should fear retaliation claims
• Identifying workplace retaliation
• Elements of a valid retaliation claim
• Concepts of “protected activity”, “adverse action”, and “causation”
• Steps employers can take to minimize retaliation claims and litigation
• Investigating retaliation complaints
• Situations where it’s time to bring in legal counsel
• Appointing the right investigator
• Preparing and conducting investigative interviews
• Importance of having solid documentation
• Advice for employees when filing an EEOC claim

• Senior Leadership
• Human Resources Directors, Managers & Representatives
• Operations Professionals
• Compliance Professionals
• Recruiting Professionals
• Managers & Supervisors
• Employees