Strategies for Responding to Whistleblower Complaints

Presented by Kara M. Maciel and Lindsay A. DiSalvo
Over the past few 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 past 50% as of 2018. Employers have likewise seen a similar increase in the number of whistleblower claims filed with OSHA - a 74% increase in the number of complaints filed with OSHA from 2012 to 2018, the vast majority of which were filed under Sec. 11(c) of the OSH Act (retaliation based on protected safety acts).
When a whistleblower complaint is received, employers have a chance to explain why the complaints lacks merit. 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 charge of discrimination. These 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 will learn about:
• 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
A webinar from Conn Maciel Carey LLP.
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