Advanced Skills and Litigation Strategies for Handling Whistleblower Retaliation Cases

Rebecca Stephens is moderating the panel "Advanced Skills and Litigation Strategies for Handling Whistleblower Retaliation Cases" at the ABA 15th Annual Section of Labor and Employment Law Conference.

Session Overview:

Litigating whistleblower retaliation claims is a complex exercise. It requires appreciation of the unique aspects of the various statutory frameworks, which often require a quite different approach from litigating retaliation claims under Title VII and similar anti-discrimination statutes. Additionally, proving or disproving the reasonableness of a plaintiff’s alleged protected activity often requires addressing technical areas of substantive law outside the scope of expertise of most employment lawyers. This panel will explore the complexities of litigating whistleblower retaliation cases and offer practical tips for both employers and plaintiffs, including the elements and burdens of proof that vary by statute and how to show (or disprove) knowledge of whistleblowing, causation and adverse action. The panel will also address effective pretrial practices, including motions in limine, jury instructions, useful voir dire and effective trial themes.