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Strategies for Responding to Whistleblower Complaints
Presented by Kara Maciel, Aaron Gelb, and Lindsay DiSalvo

Over the past few 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 past 50% as of 2018. Employers have likewise seen a similar increase in the number of whistleblower claims filed with OSHA – a 74% increase in the number of complaints filed with OSHA from 2012 to 2018, the vast majority of which were filed under Sec. 11(c) of the OSH Act (retaliation based on protected safety acts).

When a whistleblower complaint is received, employers have a chance to explain why the complaints lacks merit. 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 charge of discrimination. These 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 about:
• 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

Mar 25, 2020 01:00 PM in Eastern Time (US and Canada)

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Speakers

Kara M. Maciel
Founding Partner and Chair, Labor • Employment Practice Group @Conn Maciel Carey LLP
Kara M. Maciel is a founding partner of Conn Maciel Carey and Chair of the firm's national Labor • Employment Practice Group. She focuses her practice on representing employers in all aspects of the employment relationship. Ms. Maciel works to create workplace solutions for her clients across all industries. She defends employers in litigation at both the federal and state levels, including matters related to ADA, FLSA, FMLA, Title VII, and affirmative action/OFCCP regulations. She advises clients regarding the protection of trade secrets and the misappropriation of confidential or proprietary information, both defending employers and pursuing enforcement against former employees. Ms. Maciel counsel employers on how to develop lawful strategies to comply with the Affordable Care Act (ACA).
Aaron R. Gelb
Partner, OSHA and Labor and Employment Practice Groups @Conn Maciel Carey LLP
Aaron R. Gelb Heads Conn Maciel Carey’s new Chicago office. His practice specializes in labor & employment and OSHA litigation. He has extensive experience litigating equal employment opportunity matters in federal and state courts, having tried numerous cases to verdict and defended employers before the EEOC as well as fair employment agencies nationwide. Aaron also advises employers through inspections, investigations, and enforcement actions involving fed OSHA and state OSH programs, and manages the full range of litigation against OSHA.
Lindsay A. DiSalvo
Associate, OSHA and Labor and Employment Practice Groups @Conn Maciel Carey LLP
Lindsay A. DiSalvo is an associate 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.