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Retaliation

Employee requests transfer? Get it in writing to avoid later false claims

01/09/2009

Sometimes, employees with disabilities don’t choose to let their employers know. If such an employee needs an accommodation such as a transfer to a less stressful position, she may make the request but never explain why. Then, when she is turned down, she may sue and allege she said she needed the transfer because of her disability.

HR officer accuses boss of assault, harassment

01/09/2009

Margaret Tarulli, a special officer for New York City’s Human Resources Administration, has filed a sexual assault and harassment lawsuit against her former supervisor.

Promote civility, but watch for discrimination

01/05/2009

How much effort should the HR office put into getting everyone to get along? The best approach is to let employees handle most social conflicts among themselves—as long as there are no overt signs of discrimination.

Cincinnati’s Kroger chain to pay $485,000 for sexual harassment

01/05/2009

Fred Meyer Stores in Portland, Ore., owned by Cincinnati-based Kroger Co., agreed to pay $485,000 to settle a sexual harassment lawsuit filed by three women who worked in a store in Oregon City.

Insist whistle-blowers use internal process before suing or calling authorities

01/05/2009

It may not be particularly comfortable for government employees to bring alleged wrongdoing to their supervisor’s attention, but whistle-blowers have to muster the courage to do just that. The Texas Whistleblower Act says so.

Without ‘ultimate employment action,’ it’s hard to make discrimination claims stick

01/05/2009

Employees who think they are victims of some form of discrimination must show they were treated differently in some important way because of their race or other protected characteristic. But minor annoyances—such as heavier workloads—are not usually considered discrimination.

Title VII doesn’t cover retaliation for OSHA complaints

01/05/2009

The 5th Circuit Court of Appeals has rejected an invitation to expand the number of cases that fall under Title VII’s retaliation provision. It recently ruled that someone who reports an OSHA violation couldn’t charge that he or she was retaliated against by filing a Title VII retaliation lawsuit.

Settlement leaves weight loss firm $20 million lighter

01/05/2009

LA Weight Loss, which was renamed Pure Weight Loss in 2007, has settled a lawsuit filed against it by the EEOC. The agency had alleged a nationwide pattern and practice of sex discrimination at locations across the country …

Track reasons for multiple FMLA leaves

12/31/2008

It’s a good idea to keep careful track of the reasons why employees take FMLA leave—especially if an employee takes leave on different occasions for different reasons.

High bar for retaliation case when someone else is victim

12/31/2008

Sometimes, employees don’t have enough information to judge whether something they observe at work is discrimination—or a legitimate management action.