On Tuesday, March 21, 2023 at 1 p.m. EST, Jordan B. Schwartz, Lindsay A. DiSalvo, and Victoria L. Voight presented a webinar regarding 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 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 has been approved for 1 HR (General) recertification credit hours toward aPHR™, aPHRi™, PHR®, PHRca®, SPHR®, GPHR®, PHRi™ and SPHRi™recertification through HRCI®.
This program is valid for 1 PDCs for the SHRM-CPSM or SHRM-SCPSM.
If you would like to be registered for the entire 2023 series, click here to send us an email request and we will get you registered.
This was the 4th webinar event in Conn Maciel Carey LLP’s 2023 OSHA Webinar Series. Click here to view our full schedule and detailed program descriptions for all of the webinars scheduled for the 2023 OSHA Webinar Series.
If you missed any of our past webinars in our annual OSHA Webinar Series, view our OSHA Webinar Library to access of our webinar recordings. Also, click here to subscribe to our YouTube channel and get an email notification when new recordings become available.