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Strategies for Responding to Whistleblower/Retaliation Complaints
Over the past several years, employers have seen a significant uptick in retaliation claims filed by employees and investigated by federal agencies. For example, in 2010, only approx. 30% of all charges filed with the EEOC included a retaliation claim, but that number shot up to almost 60% in FY 2021. Similarly, the vast majority of whistleblower complaints filed with OSHA in FY 2021 – about 75% - were filed under Sec. 11(c) of the OSH Act (retaliation based on protected safety acts).

When a general retaliation or whistleblower complaint is received, employers have a chance to explain why the complaint should be dismissed. The response is an opportunity for the employer to provide information so the agency investigating the complaint can close its file; whether that means OSHA decides an onsite inspection is unnecessary or the EEOC dismisses the discrimination charge. The responses can, however, create a written record of admissions that OSHA or the EEOC could use against the employer. Employers should thus be strategic about the information shared at that early stage and should ensure there is a procedure in place for managing and developing these responses.

Participants in this webinar will learn:

• Applicable federal whistleblower and anti-retaliation laws
• How the EEOC and OSHA evaluate whistleblower and retaliation claims
• Strategies employers can use to effectively respond to retaliation complaints
• Proactive measures employers can take to avoid employee complaints

This program is valid for 1.00 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®.

Mar 21, 2023 01:00 PM in Eastern Time (US and Canada)

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Jordan B. Schwartz
Partner, Labor • Employment Practice Group, Conn Maciel Carey LLP
Jordan B. Schwartz is a partner in Conn Maciel Carey’s national Labor • Employment Practice Group. He focuses his practice on representing employers in all aspects of the employment relationship. Mr. Schwartz defends employers against claims of discrimination and harassment, wage and hour violations, misappropriation of trade secrets, and breaches of non-compete agreements and other restrictive covenants. He has particular expertise defending property owners and managers against claims by hotel guests alleging lack of accessibility under Title III of the Americans with Disabilities Act (“ADA”), and routinely conducts on-site inspections of properties and modifies their policies and practices to ensure compliance with the ADA. Mr. Schwartz also routinely defends employers against claims under the Fair Labor Standards Act and state wage and hour laws. Mr. Schwartz has extensive expertise in the hospitality industry.
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.
Victoria Voight
Of Counsel, Labor • Employment and OSHA • Workplace Safety Practice Groups, Conn Maciel Carey LLP
Victoria L. Voight is Of Counsel with Conn Maciel Carey LLP, working remotely from Raleigh, North Carolina, where she provides the full range of workplace safety and health regulatory and employment law services for employers in North Carolina and around the country. Ms. Voight counsels employers in all aspects of the employer-employee relationship, including wage and hour disputes and claims of employment discrimination and retaliation. Ms. Voight brings invaluable experience stemming from more than 40 years providing legal advice and representation to various North Carolina state agencies, ultimately as the Head of the Labor Section of the North Carolina Attorney General’s office, where she supervised all legal services provided to the North Carolina Department of Labor in the areas of occupational safety and health (for the North Carolina Occupational Safety and Health Administration), wage and hour, retaliation, and other areas of employment law.