Affirmative Defenses to Hostile Work Environment Charges

Why Should You Attend:

This webinar will explore several affirmative defenses that employers can allege, if they are served a charge alleging Hostile Work Environment by either the Equal Employment Opportunity Commission (EEOC) or a state employment law agency.

It will explain what are the Laws enforced by the EEOC, what are the prima facie elements of a Hostile Work Environment Allegation, how does a typical EEOC charge look like, what are the affirmative defenses, what is employer liability and the remedial best practices which can followed.

Areas Covered in the Webinar:

• EEOC Charge forms
• Position Statements
• What does the EEOC consider during its investigation of Harassment
• Examples: Offensive Conduct
• Scenarios
• Limitations?
• Remedies
• Case Defines Affirmative Defenses
• The 2-prong test
• Bona Fide Occupational Qualification (BFOQ)
• Business Necessity as a Discrimination Defense
• Job Relatedness
• Nondiscrimination or Affirmative Action Plans as a Discrimination Defense
• The “Same-Actor Inference” Defense
• Key definitions of hostile work environment
• Relevant EEOC laws
• Statute of limitations
• Deferral States and Non-deferral states

Who Will Benefit:

• HR Directors and staff (negotiators, principal labor relations representatives)
• Managers
• Directors
• Front-line Supervisors
• Manufacturing
• Distribution facilities
• Public Employers
• Logistics
• Trucking
• Communication industry
• Educational Institutions (College, Community College)
• City, State and County Employers in California
• Food Processing
• Grocery stores that are unionized
• Clorox and other large companies that are unionized
• Employers of carpenters and other trades
• Employers of steel trades, pipefitting
• Federal Agencies like the EEOC that are unionized

Gregory Powell
Attorney, National Labor Relations Board

Gregory Powell, Esquire, has practiced labor and employment law for 25 years, including working as a hearing officer and attorney for the National Labor Relations Board for almost fourteen years. He graduated law school from the University of Wisconsin in 1994, where he focused on Labor and Employment law; he earned a Masters in Divinity from Regent University’s School of Divinity, focusing on Life Coaching and Practical Theology; he earned a Masters of Fine Art from the University of Alabama in Creative Writing: he is both a published poet and his plays have been staged by repertory companies around the country. He graduated from Morehouse College with a degree in journalism. He tours the country delivering one-day and two-day seminars to public and private companies, concerning topics like Hostile Work Environment, Work Place Violence, Mastering a Captive Audience Meeting during a Union Drive, Discrimination, Corporate Downsizing, Retaliation, Effective Performance Improvement Plans, Life Coaching, and Negligent Retention. He is available for a seminar at your facility.

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