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Retaliation

Supreme Court sets stricter standard for retaliation

06/27/2013
The Supreme Court on June 24 ruled that employees can only win retaliation lawsuits if they can prove that their employer retaliated solely because of the employee’s protected activity. The 5-4 decision in University of Texas Southwestern Medical Center v. Nassar was another significant victory for employers that should limit liability.

Insist that workers follow internal grievance process

06/26/2013
Do you require employees to use an internal grievance policy when they have a complaint about working conditions? That policy may apply to re­­tal­­i­­ation claims too, even if the em­­ployee has been fired. Failing to use the proc­­ess may cancel the right to sue.

Court: Vague EEOC complaint isn’t protected

06/26/2013
By now, you no doubt understand the dangers of retaliating against someone who has filed an EEOC discrimination complaint. Some workers think all it takes to stop legitimate discipline is to file with the agency. But courts are losing patience with workers who use this tactic.

Workplace romance, by itself, is not illegal

06/07/2013
While workplace romances can cause all kinds of problems, it isn’t necessarily illegal discrimination if a supervisor favors his girlfriend. That’s true even if others feel they are being passed over or otherwise treated poorly because of the affair.

Be prepared to show court that your rules are fair

06/07/2013
Courts want to leave employers in charge of running their organizations. They won’t second-guess the rules you set, as long as they don’t appear illegal or discriminatory—even petty or quirky rules.

Check records before and after harassment claim

06/07/2013
Here’s a tip that could save you thousands in legal bills and penalties: When you are asked to terminate a poor performer who previously complained about harassment, make sure her performance problems didn’t suddenly emerge after the complaint. That could be a clear indication of retaliation.

Dodge bogus retaliation suits by tracking exact date of every discrimination claim

06/03/2013
Here’s an important reminder for anyone who is authorized to receive internal discrimination complaints: Always mark the exact date of every complaint in case the complaint is used later as the basis for an employee’s retaliation claim.

Employee filed incorrect pay complaint? It’s still protected

05/31/2013
Here’s a new twist on protected activity and retaliation: Apparently an employee can complain about wage-and-hour issues to the wrong agency—even one that has nothing to do with enforcing labor laws—and still gain protection from retaliation.

Will contempt order melt DQ’s resolve not to pay?

05/31/2013
Back in December 2011, the operator of a Dairy Queen restaurant in Winston-Salem’s Hanes Mall agreed to settle an EEOC lawsuit involving a teen worker who claimed she was retaliated against for complaining about sexual harassment. But nothing happened, so a year and a half later, the EEOC decided to up the ante.

Use good notes to shoot down retaliation suits

05/31/2013

One of the easiest ways for an em­­ployee to win a lawsuit against his employer is to allege retaliation. That’s because retaliation is anything that would dissuade a reasonable employee from complaining in the first place. Fortunately, some courts are becoming more skeptical about retaliation lawsuits.