Continuing Legal Education

TELESEMINAR: 2014 Retaliation in Employment Law Update – A National Perspective

February 7, 2014
12:00 – 1:00 p.m.
1.00 MCLE hours


In an age of increased scrutiny of workplace behavior, relations claims continue to rise. The rise in claims has been fostered, in part, by congressional legislation in Dodd-Frank and Sarbanes-Oxley, which provide added legal protections for whistleblowers. Furthermore, the Supreme Court’s recent decision in Nassar has changed the standard of proof in retaliation claims involving underlying age discrimination. These and other many developments continue to buffet the course of retaliation claims. This program will provide you with a practical review of recent developments impacting retaliation claims, how these developments alter prior law or practice, and best practices to avoid liability. 


  • Review of case law developments impacting elements of retaliation claims – protected conduct, adverse action, and causation
  • Impact of the Supreme Court’s recent Nassar decision on standards of proof for retaliation claims
  • Lower court development of third-party liability after Thompson v. North American Stainless
  • Dodd-Frank’s expansion of whistle-blower protection and impact on retaliation claims
  • Trends in Sarbanes-Oxley litigation impacting retaliation claims
  • Relationship of counter-claims in employment litigation to retaliation claims


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Program Speaker:
Ernie Haffner
, EEOC’s Office of Legal Counsel, Washington, D.C.



Ernie Haffner is a Senior Attorney-Advisor in the EEOC’s Office of Legal Counsel in Washington, D.C., where he is primarily responsible for drafting policy documents under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the Equal Pay Act.  In addition to drafting policy documents, he provides training and other outreach on various EEO issues, such as harassment, retaliation, gender discrimination, and national origin discrimination.  Mr. Haffner received his B.A. from the University of Maryland and his J.D. from American University in Washington, D.C.