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Retaliation

Serial complainer cries harassment? Investigate every allegation

04/23/2013
An employee can lose a sexual har­­assment lawsuit and still win on retaliation if she can show she was fired for complaining about harassment. Don’t let that happen to you.

Is 40 really too old to rock?

04/23/2013
A 40-year-old vocal teacher is suing the School of Rock chain of music schools, claiming she was harassed because of her age and wrongfully terminated in retaliation for engaging in protected activities.

Take heart: EEOC doesn’t win every time

04/11/2013
The EEOC sometimes tries to test out new retaliation theories to trip up employers. Its most recent attempt didn’t work.

Crack down on retaliation: Your #1 risk in job-bias lawsuits

04/03/2013
Supervisors in your organization probably know it’s illegal to discriminate based on race, age, sex, religion or disability. But apparently far fewer realize those same federal laws also make it illegal to retaliate against people for voicing complaints about such discrimination.

Complaining to top exec isn’t protected whistle-blowing

04/03/2013
In a case decided the same day as UTSWMC v. Gentilello, MD, the Supreme Court of Texas concluded that complaining to senior leadership about alleged illegal activity doesn’t constitute protected whistle-blowing under the Texas Whistleblower Act.

Know what really counts as whistle-blowing

04/03/2013

Here’s some good news for em­­ployers: According to a recent Supreme Court of Texas decision, workers who complain to their super­­visors about alleged illegal activities aren’t protected from retaliation under the Texas Whistleblower Act. That’s true even if the supervisor is responsible for legal compliance.

Know when to worry about discrimination–and when court will rule ‘no harm, no foul’

03/29/2013
The key issue in most race discrimination cases: different treatment for people of different races. A court recently ruled that it wasn’t protected activity when a black employee complained that one black job applicant had been subjected to greater scrutiny than another black applicant.

Appeals court upholds whistle-blower’s award

03/29/2013
Federal appeals courts are becoming more sympathetic to employees who report workplace dangers. The 3rd Circuit Court of Appeals has backed a plaintiff who says he suffered retaliation for claiming he was traumatized by a workplace accident.

Retaliation: Your #1 risk in job-bias lawsuits

03/19/2013
Supervisors in your organization probably know it’s illegal to discriminate based on race, age, sex, religion or disability. But apparently far fewer realize those same federal laws also make it illegal to retaliate against people for voicing complaints about such discrimination.

Quest for ‘new blood’ could bleed bank account if it results in huge punitive damages award

03/15/2013
If you place an older worker who has complained about age discrimination on a performance improvement plan  that is essentially impossible to complete, watch out! You’re setting yourself up to pay out huge punitive damages—even if the employee winds up winning just a modest retaliation verdict.