Retaliation

Beware retaliation after employee complains

09/10/2013

Watch out if a supervisor suddenly gives a poor performance review to a previously good employee who has recently complained about discrimination. Unless you can clearly show that the employee’s performance was deteriorating, you might be setting yourself up for an otherwise avoidable retaliation lawsuit.

Calling supervisor to complain about alleged racial slur is protected activity

09/09/2013

Employees are protected from retaliation for complaining about alleged discrimination. The complaint is considered protected activity. Something as simple as calling a supervisor to complain about a co-worker’s racial slur is protected.

Beware crackdown on complaining employee

09/06/2013

Tell supervisors and managers to look out for co-worker antagonism. Avoid the appearance of retaliation by making sure bosses enforce all rules equally and fairly.

Put HR firewall between those who hire, handle complaints

09/03/2013

Here’s why HR professionals who handle complaints and those who screen job applications shouldn’t share information with one another: It prevents needless lawsuits over failure to hire past employees or those who complained about hiring practices in the past.

You’re not Dr. Phil! Bosses and HR should manage–not label–employees’ problems

08/27/2013

Supervisors and HR sometimes use psychological lingo to describe employee behavior that they find annoying or disturbing. But watch out: That amateur armchair analysis can create legal headaches for your organization.

Email claiming ‘mistreatment’ not protected activity

08/26/2013

Employees who complain about discrimination are protected from retaliation. But their complaints have to be specific, at least mentioning why they suspect discrimination. Otherwise, they aren’t engaged in protected activity and can’t allege retaliation.

Employers win Nassar battle, but retaliation war continues

08/20/2013

In June, the U.S. Supreme Court ruled in University of Texas Southwestern Medical Center v. Nassar that, to win a retaliation lawsuit, an employee must show the employer’s intent to retaliate against the employee for exercising Title VII anti-discrimination rights was the “but for” cause of the challenged action, not just a motivating factor. As important a victory as the Nassar ruling was for employers, it’s important to recognize that the retaliation war is ongoing.

Worker doesn’t have to be minority to complain about racial harassment

08/20/2013

Here’s an important reminder that employees don’t have to be black to complain about racial harassment in the workplace and win a large jury award.

Relax! Merely unpleasant working conditions won’t make you a target for bias lawsuits

08/13/2013

Sometimes, work is just plain unpleasant. That’s no reason for employees to sue. Unless the working conditions can be traced to some form of illegal discrimination, the court system won’t intervene.

Have solid reason for termination if employee previously engaged in protected activity

08/07/2013

Employees who file discrimination charges are protected from retaliation; any adverse action an employer takes afterward can be retaliation. The closer in time the two events are, the more likely a retaliation claim will stick. Your only real protection is having a rock-solid reason for your action.