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 2022 – about 76% – 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 learned:
- 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 PDCs for the SHRM-CPSM or SHRM-SCPSM.
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This was the 3rd webinar event in Conn Maciel Carey LLP’s 2023 Labor and Employment Webinar Series. Click here to view our full schedule and detailed program descriptions for all of the webinars scheduled for the 2023 Labor and Employment Webinar Series. If you missed any of our past webinars in our annual Labor and Employment Webinar Series, view our Labor and Employment Webinar Library to access all of our webinar recordings. Also, click here to subscribe to our YouTube channel and get an email notification when new recordings become available.