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Retaliation

Use rational business reasons to justify RIF choice

12/01/2007

When employees lose their jobs, they naturally wonder why they were chosen. Employees who recently have complained about discrimination—real or imagined—often do more than wonder. They often jump to the conclusion that they have been fired in retaliation for complaining. That conclusion can lead to a lawsuit. Be prepared with solid and rational reasons why you chose the employee who got the ax …

Don’t retaliate against harassment victim who calls police

12/01/2007

Here’s a risk you may not have considered: Ignoring a sexual harassment complaint may prompt the alleged victim to get help from outside law enforcement agencies. React inappropriately and you’re likely to have a retaliation suit on your hands …

Health insurer pays $1.8 million to settle sex harassment suit

12/01/2007

United HealthCare of Florida has settled for $1.8 million in a same-sex harassment and retaliation lawsuit involving a former regional vice president. A male senior account executive in the company’s Sunrise office claimed he was subjected to verbal sexual harassment by a male vice president …

Rule against document removal supports legit business need

12/01/2007

Does your organization have a rule against removing company documents from the workplace? If not, consider adding one. Documents should remain on the premises, and allowing them to “walk” can spell big trouble. For example, employees may be tempted to remove and copy documents they think will aid a later lawsuit against the company …

‘Blacklisting’ for prior EEOC complaints may be retaliation

12/01/2007

Title VII of the federal Civil Rights Act outlaws retaliation against applicants or employees because they have filed EEOC complaints or participated in EEOC proceedings. But that prohibition applies equally to EEOC complaints that job applicants may have filed against other employers. In other words, “blacklisting” an applicant because you know she filed an EEOC complaint against another employer is illegal retaliation …

Just got served with court papers? It’s OK to impose already-Planned discipline

12/01/2007

Sometimes, employees who are having trouble at work think that filing EEOC complaints or lawsuits will save their jobs. It’s a ploy generally designed to paralyze management by raising the specter of a retaliation claim. But courts generally don’t hold it against an employer if it carries out a previously made discipline decision. A lawsuit or complaint doesn’t work like a cease-and-desist order …

Nuclear plant whistle-Blower terminated, then sues

12/01/2007

An engineer at a Georgia nuclear plant was terminated and escorted from the plant after he filed a complaint about plant safety with the Nuclear Regulatory Commission (NRC). The engineer filed the complaint after a valve at the plant became stuck, affecting the plant’s ability to control the nuclear reaction …

City of Morrow loses overtime/Retaliation suit

12/01/2007

Two city police lieutenants sued the city of Morrow, claiming the city’s managers refused to pay them overtime and retaliated against them after they filed suit. According to court documents, a city manager fired one lieutenant and required the other to use annual leave for training time …

Generalized harassment isn’t considered retaliation under CEPA

12/01/2007

Good news for employers: Workers who claim they have been retaliated against for whistle-blowing under the New Jersey Conscientious Employee Protection Act (CEPA) have to show more than generalized displeasure with their organizations’ actions. Mere harassment isn’t enough—the employer has to take concrete action such as firing, demoting or denying promotions …

HR pros, take note: Doing your job isn’t ‘Protected activity’

12/01/2007

Employees whose jobs involve telling their employers that they may be violating laws aren’t necessarily protected from retaliation under North Carolina law or under the federal Title VII—if the reporting concerns areas covered by the Civil Rights Act or the Fair Labor Standards Act …