Christopher D. Durham, Esq.
There is no universal checklist or formula for responding to an employment discrimination complaint in federal or state court. Yet, despite the fact that every case is unique, recent changes to the legal landscape have a significant impact on the strategies that employers may use at the earlier stages of a case to best position a successful defense. Whether it is ensuring that defenses are timely asserted and not waived, challenging jurisdiction, removing a case to federal court, compelling arbitration or any number of other decisions that a defendant encounters at the outset of an employment discrimination case, there are certain opportunities – and pitfalls – of which all employers should be aware. This program will discuss legal developments impacting employer strategies for responding to employment discrimination complaints from the moment of service until the pleadings have closed, including (a) how to analyze a complaint to identify potential defenses and avoid waiver, (b) addressing issues related to venue and jurisdiction, (c) prudent steps to position yourself to dispose of frivolous claims early on, and (d) best practices when formulating a response to the complaint.