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Retaliation

Supreme Court: Fiancé of complaining worker has retaliation protection

01/25/2011
The Supreme Court on Jan. 24 ruled that the fiancé of a woman who filed an EEOC discrimination complaint was protected from retaliation by their mutual employer and can now sue for retaliation. The case has important implications for all employers: It’s more important than ever to make sure your discipline policies pass the no-retaliation test.

Track potential disciplinary problems as they occur

01/21/2011
For most problem employees, deteriorating behavior and performance is a gradual process. Smart employers track the downward trajectory along the way.

After employee has complained, be prepared to defend even minor work changes

01/21/2011
Employers can defend against alleged retaliation by showing they had a good reason for the adverse action. For example, if a supervisor moves an employee to another position for a legitimate management reason, that’s not retaliation. Consider the following case.

When deciding on employee discipline, you don’t have to be absolutely right–just fair

01/21/2011

Supervisors have to make decisions on how to run the workplace every day. They can’t spend hours deliberating every move. Imagine how little actual work would get done if supervisors had to double-check every decision to make absolutely sure it was correct. Fortunately, courts don’t require perfection from employers—just assurance that they acted fairly and in good faith.

EEOC’s banner 2010 set record for discrimination claims

01/18/2011
Last year, the EEOC handled more complaints than ever, and employers paid out a record $404 million. Topping the list of EEOC claims: retaliation. Preventing retaliation will be a focus of the HR Specialist’s LEAP Conference, set for March 30-April 1 at the Mandarin Oriental in Las Vegas.

After workers’ comp claim, make sure supervisors don’t step up scrutiny

01/14/2011

Employees who file workers’ compensation claims are protected from retaliation—essentially any change in working conditions that would lead a reasonable employee to rethink her decision to seek benefits. That can include sudden scrutiny of the employee’s work. That’s why HR should look carefully at any increased discipline against those who file workers’ comp claims.

Employers don’t have unlimited right to dig for psychiatric records

01/14/2011

When an employee sues you and you know or suspect he may be mentally unstable, it’s tempting to dig for mental health records—perhaps to question his credibility. But if the employee isn’t claiming mental damages, don’t count on even accessing those records.

Former employee sues Mayo Clinic

01/14/2011
A former Mayo Clinic employee has sued the famed Rochester medical center for discrimination under the ADA and the Minnesota Human Rights Act.

There are complaints, then there are complaints: General gripes about unfairness aren’t protected

01/14/2011

Employees who complain about discrimination engage in what the law calls “protected activity.” They can’t be punished for complaining. But not every complaint is protected. For example, when an unhappy employee goes to her supervisor and complains she isn’t being treated fairly, that’s not tantamount to complaining about discrimination.

After bias complaint, beware future discipline

01/14/2011
Employees who complain about discrimination sometimes think that makes them immune from discipline. They may have heard that employers can’t retaliate against employees who complain. That’s true, but only to a point. The best approach: Make sure the managers who decide on discipline don’t know about the prior complaint.