OK at Work

Preparing for Employee Discrimination Notices


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In this episode of OK at Work, attorneys Sarah Sawyer and Russell Berger of Offit Kurman discuss what employers should do when they receive an administrative discrimination charge from the EEOC or a state/local agency, whether after terminating an employee or while the employee is still working. They explain that discrimination and harassment claims typically must go through an administrative process before court. You must take the notice seriously, engaging in the process to build leverage and improve litigation posture. They also note the process can be slow and inconsistent, which can sometimes benefit employers, and stress planning to avoid retaliation concerns if the charging party remains employed.

00:00 Discrimination Charge Basics
01:05 Administrative Process Overview
01:38 Deadlines Mediation Outcomes
02:17 Why Engage and Resolve
03:02 What You Learn in Process
03:39 Patience and Timeline Delays
04:19 Leverage from Slow Process
04:43 Active Employees Retaliation Plan
05:28 Improve Policies and Training
05:46 Wrap Up and Goodbye

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OK at WorkBy Russell Berger & Sarah Sawyer, Offit Kurman