Retaliation

Hiring: List experience requirements, too

12/03/2012

When posting job openings, don’t focus solely on educational requirements. Instead, be sure to clarify that job experience is also required—and provide specific examples.

Erratic employee veering toward violence? Request fitness-for-duty exam, fire if he refuses

11/30/2012

Sometimes, it becomes clear to a supervisor that an employee is acting strangely. The employee may be cranky, argumentative and unpleasant to co-workers and supervisors. He may register repeated complaints about discrimination or other ill treatment. And he may make threatening comments. If that happens, play it smart.

Employee is own lawyer? NC law on your side

11/30/2012

North Carolina’s employment and discrimination laws would appear to give employees many ways to sue their employers. Fortunately, each has specific requirements, which means employees who act as their own lawyers will have a hard time using them to sue you.

Supremes hear arguments: For Title VII, who’s a supervisor?

11/27/2012

No matter which way the Court rules in Vance v. Ball State, it will have a major impact on Title VII litigation. The floodgates could spring open, inviting more employee lawsuits. But a decision in Ball State’s favor would be a huge win for employers.

Supreme Court: Vance case revisits supervisor liability under Title VII

11/26/2012

The Supreme Court tackles a contentious issue: When it comes to harassment and discrimination, just what does “supervisor” mean? Regardless of how the Court rules, employers must ensure that their policies and practices are consistent with Title VII.

Long gap after complaint won’t support retaliation claim

11/13/2012

A federal court has ruled that a two-year gap between an employee’s discrimination complaint and alleged retaliation is too long. Otherwise, employers could face retaliation claims years or even decades after resolving an original complaint.

Bias complaint? Beware retaliation claim, too

11/13/2012

Here’s an important reminder for employers when an employee alleges discrimination. Regardless of the merit of the original claim, remind supervisors they can’t retaliate.

‘Bias’ never mentioned? That won’t stop retaliation suit

11/11/2012

There are no magic words an employee has to utter in order to engage in protected activity. As long as what he says would lead a reasonable person to conclude he’s complaining about some form of discrimination, he has protection from retaliation.

Cite business reasons to justify terminations

11/11/2012

Here’s how to win termination lawsuits: Back up your decisions with solid business reasons for the discharge—especially if you had to let people go to reduce labor costs or otherwise survive financial hardship.

Informal comment to HR? Beware retaliation suit

11/09/2012

An employee’s casual remark to HR can lay the groundwork for a retaliation claim if the comment could be interpreted as objecting to some form of discrimination. That’s good reason to train HR staff to report all comments and consider them as protected activity.