Retaliation: The Latest Tidal Wave of Employment Litigation
Peter M. Panken, a Member of the Firm in the Labor and Employment practice, in the firm's New York office, will co-present “Retaliation: The Latest Tidal Wave of Employment Litigation,” an American Law Institute webinar.
Retaliation-related employment claims continue to be the most common form of employment case (over 11,000 reported cases last year alone and the most common EEOC charge). Litigating these claims is a costly, unpredictable prospect. But the new standard of causality promulgated by the Supreme Court may offer employers new opportunities for summary disposition. This session reviews the elements of the retaliation cause of action and the latest case law applicable to these claims, strategies, and other developments in retaliation cases, including the new “but for” standard of proof and the expanding scope of adverse employment action.
Topics to be covered include:
- What is actionable retaliation under Federal and State statutes, as well as common law?
- Retaliation cause of action elements: taking adverse employment action because of protected activity
- What is protected activity?
- Adverse employment action
- New causal connection standards
- Getting to the jury: the prima facie case
- The shifting burden of production
- How does a Plaintiff prove that the asserted reason is a pretext for retaliation?
For more information, contact Mr. Panken or visit The American Law Institute.