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Retaliation

Don’t consider pending lawsuits when making hiring decisions

05/09/2008
Don’t bar former employees who have sued the company from applying and being hired for new jobs. Doing so almost certainly invites a retaliation lawsuit—one that courts are likely to find in favor of the former employee.

Beware: ‘Association discrimination’ is new HR worry

05/07/2008
You know it’s illegal to retaliate against an employee who has engaged in so-called “protected activity,” such as filing a discrimination complaint. Now the 2nd Circuit Court of Appeals has taken the concept one step further …

Don’t think ‘Contractor’ status shields you from retaliation

05/07/2008
Beware: When it comes to judging Title VII and retaliation claims, courts may treat as employees many of the individuals you consider independent contractors. That’s true even if they are licensed professionals—such as physicians—working at your facility …

Stay mum on lawsuits, complaints to cut retaliation risk

05/07/2008
Retaliation can turn a relative molehill of a discrimination complaint into a mountain of legal trouble. And the retaliation doesn’t have to take the form of something dramatic, such as a firing or demotion. Little things supervisors do can add up to retaliation. But supervisors can’t retaliate if they don’t know about earlier discrimination complaints or pending lawsuits …

EEOC sues Albertson’s for retaliation

05/06/2008
The EEOC has filed a second lawsuit against Albertson’s, the Idaho-based grocery store chain, for retaliating against workers in its Aurora distribution center. The first lawsuit, filed in 2006, claimed the center harbored a racially hostile environment against blacks and Hispanics …

Are there unusual protected statuses that can limit an employer’s right to terminate?

05/05/2008
Q. We know that it is unlawful to discriminate against employees on the basis of race, ethnicity, national origin, religion, sex, age and disability. Do any other protected classifications exist under Texas law that might limit an employer’s right to terminate a worker employed at will? …

Caution: ‘Association discrimination’ is new HR worry

05/02/2008
You know it’s illegal to retaliate against an employee who has engaged in so-called “protected activity,” such as filing a discrimination complaint internally or with the EEOC. Now, the 6th Circuit Court of Appeals, which covers Ohio employers, has taken the concept one step further …

HR handles all transfers? Beware ERISA violation risk

05/02/2008
HR is usually the first to know when an employee files an ERISA complaint or lawsuit. Since HR also typically handles transfer, hiring and promotion paperwork, that can put the company at risk for a retaliation lawsuit …

Renhill Staffing pays for discrimination that ‘Didn’t happen’

05/02/2008
Perrysburg-based Renhill Staffing Services has agreed to pay more than $580,000 to settle an EEOC lawsuit alleging age and race discrimination. The lawsuit accused the recruitment and temporary services firm of failing to refer blacks and people over age 40 for job openings …

Service members’ jobs protected—If actually employed

05/01/2008
The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects members of the armed forces by allowing them to return to their jobs when their service ends. But USERRA has limits, applying only to service members who actually were employees when they went to serve …