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Retaliation

Don’t panic when former employee files massive lawsuit—most claims go away

12/24/2008

These days, employees and their attorneys often go to great lengths to intimidate employers. One way to do that is to file a huge lawsuit—one that takes up pages and pages, and includes a laundry list of allegations … Before you panic, call your attorneys

Memo to staff: Put up with those you dislike

12/09/2008

What if an employee files a discrimination complaint with the EEOC and then suddenly finds herself having to work with someone she deems undesirable? Can she sue and allege that transferring the person she doesn’t like into her work section amounts to retaliation for filing the EEOC complaint?

Be prepared to explain why offenses were similar but punishments differed

12/08/2008

Employers need flexibility when it comes to disciplining employees. But flexibility can’t come at the expense of members of a protected class. Be careful before you approve different punishments for the same or very similar rule violations.

Headmaster gets nearly $1 million in retaliation case settlement

12/08/2008

Lake Ridge Academy in North Ridgeville agreed to pay $950,000 after a federal jury found that it fired James Whiteman in retaliation for expressing concerns about possible pay inequities at the private school.

Help managers understand the Age Discrimination in Employment Act

12/05/2008

At first glance, the federal ADEA appears rather straightforward: It protects people age 40 and older from employment discrimination based on their age. But the law can affect just about anything managers do, from asking questions in job interviews to assigning job duties …

U.S. Supreme Court: 4 key employment cases could reshape HR

12/05/2008

During this term, the U.S. Supreme Court will consider employment cases concerning arbitration, pregnancy discrimination, protected activity and union fee use.

Bias charge threatened? Beware retaliation

12/04/2008

Employees are protected from retaliation for filing discrimination claims such as a complaint with the EEOC or the DOL. That protection starts as soon as the employee lets someone in authority at the company know he’s going to contact the agency.

Your rules can protect against retaliation—make sure managers follow them

12/04/2008

When jurors hear that a company has a clear set of disciplinary rules but made an exception in the case of someone who just filed an EEOC or internal discrimination claim, they may jump to the conclusion retaliation occurred.

Investigate thoroughly before settling bias suit

12/04/2008

Settling with an employee who has filed a discrimination lawsuit? If the EEOC gets involved, it can continue the case on its own—and may be able to get a court to order you to take corrective measures that go far beyond your settlement terms. That’s one good reason to conduct your own thorough investigation before you settle with the employee.

Workers who pursue internal discrimination grievances have extra time to sue

11/25/2008

The California Fair Employment and Housing Act requires employees to file complaints with the appropriate state agency within one year of an alleged discriminatory act. But what happens if the employee delays going to the agency and instead tries to resolve the complaint using the employer’s own internal process?