Most people want to do meaningful, satisfying work. But many jobs are just routine, boring and not particularly inspiring. Employers have no obligation to provide a perfectly harmonious workplace in which everyone is satisfied and fulfilled.
The ADA protects disabled employees from retaliation for claiming their right to accommodation and freedom from discrimination. But it’s sometimes tough to prove disability under the ADA, requiring a fairly serious medical condition.
If an employee claims she’s disabled and needs just a few accommodations to do her job, it may be wise to make them—even if you aren’t convinced she’s really disabled. That way, she can’t accuse you of failing to engage in the interactive accommodations process.
Surreptitiously gathering evidence in violation of your rules isn’t protected activity and can’t be the basis for an employee’s subsequent retaliation lawsuit.
Track every employee’s use of FMLA leave and what happens when he returns to work. Why? If you happen to terminate the employee shortly after he returns from approved FMLA leave, he may claim retaliation.
Retaliation for filing an EEOC or other complaint is anything that would dissuade a reasonable employee from complaining in the first place. But what if the employer does something that most reasonable people would consider favorable?
The U.S. Department of Justice has reached a settlement with the city of Selma, ending a lawsuit that alleged violations of Title VII of the Civil Rights Act.
Many employers have internal grievance procedures for employees who feel they have been discriminated against. But what if, while the complaint is pending, the employee files a complaint with the Texas Commission on Human Rights?
Sometimes, employees fake or exaggerate injuries in the hopes of getting paid time off. If you suspect that’s going on, don’t get angry and put vindictive roadblocks in the employee’s way. Instead, treat him the same way you treat everyone else.