Market Areas > Human Resources > Third-Party Retaliation

NEW Third Party Retaliation Rule Expansion:
What Employers Must Know about the Supreme Court’s Landmark Decision

Course Description:  

On January 24, 2011 the U.S. Supreme Court unanimously reversed an appeals court's decision on a ground-breaking employer retaliation case, Thompson vs. North American Stainless LP. 

Previously, most employers assumed that an individual must engage in protected conduct -- e.g., filing a charge of discrimination or opposing allegedly discriminatory practices -- to sustain a retaliation claim as a matter of law. But with this employee-friendly decision, the scope for who is a protected person has greatly increased, and now, in many circumstances, an individual may have a retaliation claim even though the individual did not do anything to oppose unlawful discrimination or harassment.

Who does this decision affect?  Essentially employers in all industries, and it significantly expands the types of persons who may bring retaliation suits under Title VII.

As a result, when taking any employment action that might be considered materially adverse to a reasonable employee, employers must recognize that it is no longer enough to determine whether the individual has engaged in protected activity, but you must also determine whether the individual is in the “zone of protection” with respect to someone else who may have engaged in protected activity. 

With retaliation claims steadily increasing — the EEOC reported retaliation was the most frequently cited form of on-the-job discrimination in 2009 (33,613 charges) — employers should expect an increase in retaliation charges and lawsuits.

So, what’s your best possible protection against a claim of retaliation?

Join us and leading labor and employment law firm, Seyfarth Shaw LLP, in this comprehensive audio conference to learn how you can protect your organization from these rising claims.

Course Highlights:

• Retaliation refresher
• Thompson vs. North American Stainless LP, the case and its implications for employers
• Third-party retaliation: Defining this type of retaliation
• “Zone of Protection” – what does this mean and who does it protect?
• How to protect your organization from third-party retaliation claims
• Steps you should implement now when terminating an employee to avoid third-party retaliation claims and/or give you the best chance of prevailing at a trial of such claims
• “Accidental victim” – understand this term, and how it applies to HR

Featured Faculty:

Raymond Baldwin, Partner, Seyfarth Shaw LLP

Mr. Baldwin is a partner in Seyfarth Shaw’s Washington, D.C. office, where he practices in all aspects of employment law.  He has substantial litigation, trial and appellate experience, defending management against claims of discrimination, retaliation, harassment, wrongful termination, breach of contract and related theories, and the defense and enforcement of restrictive covenant/non competition issues.  Mr. Baldwin has also defended employers in a variety of complex collective and class cases, including multi plaintiff discrimination suits, actions arising under the Fair Labor Standards Act and state wage and hour laws, and EEOC pattern and practice cases.

Mr. Baldwin has tried numerous cases to verdict in federal and state courts. He also regularly counsels management and human resource professionals on various workplace issues, including employee relations, investigations, FMLA and ADA issues, leave issues, training and restrictive covenants.  He also provides harassment and other types of employment law training.  Mr. Baldwin frequently assists clients in drafting employment policies, handbooks, releases and severance agreements, as well as non competition agreements. He has represented employers in a wide variety of industries, including retail, transportation, health care, manufacturing, government contracting, defense, universities, hospitality, staffing and professional services.

Mr. Baldwin serves on the firm’s Lawyer Development Committee, as well as the Washington D.C. office’s hiring committee.

Marc Jacobs, Partner, Seyfarth Shaw LLP

Marc Jacobs is a partner with Seyfarth Shaw LLP.  Since 1985, he has concentrated his law practice in labor and employee relations and related litigation.  Central to his practice is the philosophy that an organization’s employees are its most important asset.  Marc advises management in all areas of labor and employment law and represents clients before state and federal courts at both the trial and appellate levels, arbitrators, mediators, the National Labor Relations Board, the Equal Employment Opportunity Commission, the United States Department of Labor, and similar state agencies in Illinois and throughout the United States.  Marc also focuses a significant portion of his law practice on assisting clients to insulate themselves against employment law claims by counseling employers with respect to good employee relations, analyzing employers’ policies and procedures, and conducting supervisor training programs. 

Marc attended Reed College, graduated from the University of Wisconsin, and received his J.D. cum laude from Boston University where he was an Edward Hennessey Distinguished Scholar and recipient of the Bernard E. Farr Prize and Award.  He is a past continuing legal education chair and alternative dispute resolution chair of the Chicago Bar Association Labor and Employment Law Committee and is a frequent speaker for organizations including the American Bar Association, American Law Institute, Human Resources Management Association of Chicago, Illinois CPA Society, National Public Employer Labor Relations Association, and National Academy of Arbitrators.  Marc is rated “AV” (the highest rating possible) by the Martindale-Lexis/Nexis peer review system, is an Illinois Super Lawyer, is a member of the Leading Lawyers Network, and is listed in the Guide to the World's Leading Labour and Employment Lawyers.

MONEY-BACK GUARANTEE:

We're so confident you'll get what you want out of this conference that we'll refund every penny if you're not completely satisfied. No questions asked! It's 100% risk-free!

pricing:

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Your CD recording includes the complete audio conference presentation, audience Q&A and presentation materials.

APPROVED FOR RECERTIFICATION CREDIT:

HRCI - Receive 1.25 recertification credit hours toward PHR and SPHR recertification through the Human Resource Certification Institute (HRCI). For more information about certification or recertification, please visit the HRCI homepage at www.hrci.org. "The use of this seal is not an endorsement by the HR Certification Institute of the quality of the program. It means that this program has met the HR Certification Institute's criteria to be pre-approved for recertification credit."

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