Presented by Daniel Finerty
In light of the Equal Employment Opportunity Commission’s August 29, 2016 final Enforcement Guidance on Retaliation and Related Issues as well as OSHA’s Final Rule outlining Procedures for the Handling of Retaliation Complaints under Section 1558 of the Affordable Care Act, as well as 2015 statistics which indicate that almost 45% of EEOC charges included a retaliation component, it appears that retaliation claims will continue to challenge HR professional for both the near and distant future. At last count, there are over 45 retaliation claims that can be asserted at the federal level and at least 29 retaliation claims under Wisconsin law, which provides further evidence that this is fertile ground for litigation risk.
Wise employers are heeding this risk by reviewing and revising their anti-retaliation policies and taking other steps to mitigate the risk of retaliation claims. At this session, the attendees will learn how to address this growing threat including, among other things:
· Which federal and Wisconsin laws which provide protection from retaliation;
· The scope of employee activity protected by the law and what is not;
· Detailed examples of employer actions that may constitute retaliation;
· The legal analysis typically used to determine whether retaliation has occurred and how to use it to protect your organization; and,
· Steps to take in order to reduce or mitigate the risk of retaliation claims.
Daniel Finerty, a Partner with Lindner & Marsack, S.C., represents and counsels private and public sector clients, Native American communities and Employment Practice Liability Insurance carriers in labor and employment litigation matters.
Daniel aggressively defends discrimination, retaliation and harassment claims under federal, state and local law as well as health care retaliation claims under Wisconsin’s Health Care Worker Protection Act, arrest and conviction record discrimination claims, unreasonable refusal to rehire worker's compensation claims and other Wisconsin-specific employment litigation matters.
Daniel is “AV Rated” by Martindale Hubbell in Labor and Employment Law, has been recognized nationally and with a ‘First Tier’ ranking locally by Best Lawyers and U.S. News & World Report in the area of Appellate Practice since 2010 and was selected for inclusion among Wisconsin’s Super Lawyers in 2014, 2015 and 2016 and among its Rising Stars five times in Employment Litigation – Defense.
This session is pending approval for SHRM Professional Development Credits (PDCs) and HRCI recertification credits.
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