COURSE DESCRIPTION
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Retaliations claims are commonplace in employment litigation and on the rise. Whether alleged as a standalone claim or when a substantive claim of harassment or discrimination fails, employers frequently confront claims of retaliation. But the scope of an employee’s protected conduct – whistleblower activity, requests for accommodation, and many other forms of activity – is not limitless. There are also complicated questions of what exactly constitutes an adverse action by an employer and the causal connection between the employee’s protected activity and the adverse action. This program will provide you with a practical review of recent case law and other developments impacting each of the elements of an actionable retaliation claim and best practices to avoid liability.
- Review of case law developments impacting elements of retaliation claims – protected conduct, adverse action, and causation
- Developments related to the scope of “protected conduct,” including requests for reasonable accommodation
- Determining what constitutes adverse action by the employer – and when action must be taken
- Knowledge standards for establishing causal link between protected conduct and adverse action
- Relationship of harassment, discrimination and ADA claims to retaliation claim
Speaker: Ryan Derryis the Los Angeles and Orange Countyoffices of Paul Hastings, LLP. His practice includes all aspects of employment litigation and counseling, including employment discrimination, retaliation, harassment, and wage and hour claims. He represents employers in multiple jurisdictions in state and federal courts as well as in administrative proceedings against individual and class claims. He has been named as a California Super Lawyer Rising Star for multiple years. Mr. Derry received his B.S.,summa cum laude, from the University of Massachusetts Amherst and his J.D. from The George Washington University Law School,with honors, in 2006.