EEO Charges Are On The Rise, Are You Prepared?
This presentation took place on March 25, 2010

Featured Presenter: Gavin S. Appleby, Esq. of Littler Mendelson
Employment Law Attorney and Popular IAML Instructor



Who Will Benefit:
This program is designed for intermediate/advanced level employment law/HR professional, attorneys, EEOC coordinators and others who need to stay current on EEOC issues.

About This IAML AudioProSM Conference:
2008 and 2009 saw the highest numbers of EEOC charges ever — just under 100,000 in each year. One might assume that these increases were caused by reductions-in-force, but that would be too easy an assumption. Reduction-in-force charges usually relate to age, race and gender, but the greatest increases in charges in 2009 were in the areas of disability, national origin and religion. In addition, retaliation allegations were included in over 33,000 charges. As another element of concern, the EEOC accounted for almost $400 million in settlements last year, this amount is in addition to what state EEO agencies and the OFCCP obtained.

With education, diversity initiatives and more proactive HR practices, one would think that actual discrimination would be decreasing rather than increasing. Perhaps that is true, but there also seems to be more willingness on the part of employees to assert rights. The EEOC also is better funded than in prior years and its media efforts are having an impact. In short, you're at risk, but you can take steps to reduce that risk.

During this audio conference, we will discuss and consider options, such as:

  1. Retooling your diversity initiatives to make claims less likely rather than more likely;
  2. Training managers to deal effectively with the circumstances that lead to charges;
  3. Considering how best to handle charges so they are less likely to morph into lawsuits;
  4. Evaluating ADR, separation agreements and communication strategies that may avoid some charges without creating their own set of concerns;
  5. Utilizing audits to evaluate your EEO risk;
  6. Implementing proactive practices to limit retaliation claims;
  7. Dealing with the nuances of national origin and religion issues; and
  8. Applying principles to performance management, ADA analysis and discipline that will limit the likelihood of charges and increase the possibility of dismissal of such claims.

Featured Presenter:
Gavin S. Appleby is a Shareholder with the law firm of Littler Mendelson in Atlanta where he advises and represents employers in a broad course of employment law matters. His focus ranges from defending single plaintiff and class action employment cases to advising on and litigating wage and hour matters and handling OSHA issues. He also has significant experience in union avoidance, defending union campaigns, handling arbitrations and mediations, and conducting investigations. In the course of his career, Mr. Appleby has tried or arbitrated in excess of 150 cases. He has handled over 75 union campaigns, none of which resulted in continuing union representation at any of the facilities in question. Mr. Appleby provides employers with consulting on human resource practices, including establishing ADR processes, developing systems for providing better and more effective advice to managers, and instituting programs aimed at early resolution of employment problems. He is nationally known for his employment law and diversity training, as well as for developing legally-defensible diversity programs. He also is an expert on OFCCP matters and Title IX compliance. Prior to joining Littler Mendelson he was with Powell, Goldstein and was previously Chief Litigation Counsel with Kimberly-Clark Corporation. He received his B.A. degree from West Virginia Wesleyan College and his J.D. degree from the University of Virginia where he was a member of the national Moot Court Team. Mr. Appleby is a member of the American Bar Association and the State Bar of Georgia. He lectures extensively throughout the country and has written a number of published articles on employment and labor law issues. He is also the co-author of a text on pre-employment testing. He has been consistently rated among IAML's top four instructors over the past 15 years.

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