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Practical Advice for Responding to Administrative Charges of Discrimination and Retaliation
Presented by ​Lindsay A. DiSalvo and Megan S. Shaked

When an administrative agency, like the federal Equal Employment Opportunity Commission (“EEOC”), receives a complaint of discrimination or retaliation, the employer is given an opportunity to respond and provide information/evidence pursuant to the agency’s investigation of the complaint. In its response, the employer can explain why the action taken against the employee was legitimate or did not occur as alleged. These responses are an opportunity for the employer to provide sufficient information to avoid further action by the administrative agency or potentially litigation of the claim(s). A strong response could demonstrate there is no support for the complaint and resolve the complaint in a favorable manner for the employer. However, these responses can also create a written record of admissions to which the agency can hold the employer accountable, and any supporting documentation may be closely scrutinized and used to establish liability. Thus, employers must be thoughtful in sharing information at this early stage and should ensure there is a procedure in place for managing and developing these responses.

Participants in this webinar will learn about:

• The types of administrative complaints that an employer may receive from the EEOC or California agencies
• Specific prohibitions of the applicable laws and regulations, and the standard of proof by which these complaints are generally evaluated
• Strategies employers can use to effectively respond to complaints of discrimination and retaliation
• Proactive measures employers can take to avoid employee complaints.

This program is valid for 1 PDCs for the SHRM-CPSM or SHRM-SCPSM.

This program has been approved for 1 HR (General) recertification credit hours toward aPHR™, aPHRi™, PHR®, PHRca®, SPHR®, GPHR®, PHRi™ and SPHRi™recertification through HRCI®.

Nov 16, 2022 01:00 PM in Eastern Time (US and Canada)

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Speakers

Lindsay A. DiSalvo
Partner, Labor • Employment and OSHA • Workplace Safety Practice Groups, Conn Maciel Carey LLP
Lindsay A. DiSalvo is a partner in both Conn Maciel Carey LLP's national OSHA • Workplace Safety Practice Group and Labor and Employment Group, where she focuses her practice on all aspects of occupational safety & health law. Ms. DiSalvo represents employers in inspections, investigations and enforcement actions involving OSHA, the Chemical Safety Board, MSHA, EPA and state and local safety related agencies. She also handles all aspects of OSHA litigation, from criminal prosecutions to appeals of citations.
Megan S. Shaked
Associate, Conn Maciel Carey LLP
Megan S. Shaked is an associate in the San Francisco office of Conn Maciel Carey LLP. She represents employers on a wide range of employment matters, including claims of discrimination and harassment, wrongful termination, wage and hour violations and whistle blowing. She also represents clients against claims brought by patrons alleging lack of accessibility under Title III of the ADA and the California Unruh and Disabled Persons Acts.