Retaliation

Court orders trial in abortion discharge case

03/13/2025

The Pregnant Workers Fairness Act bans retaliation for exercising rights under the law, including receiving medical care related to pregnancy.

Document termination decision before telling worker

02/28/2025

Always document disciplinary decisions the moment you make them—and before you tell the employee. That way, you can successfully argue that you could not have retaliated against the employee because the decision was made before you knew about their request.

How microaggressions can lead to major legal headaches

02/12/2025

A “microaggression” is a subtle, often unintentional comment or action that conveys bias or discrimination against a marginalized group. In the right circumstances, they can amount to an adverse action that supports a workplace retaliation claim.

Employer lessons from 2024’s worst employee lawsuits

01/03/2025

It’s a new HR year and we’re here with some important lessons from the top four employment lawsuits of 2024. Don’t repeat these employer mistakes.

A cautionary tale: Lessons from a recent retaliation case

12/11/2024

Retaliation claims can be among the hardest to defend. Timing and intent are everything, and even well-meaning employers can stumble without strong policies and careful implementation.

Adverse action: Beware creating the perception of retaliation

11/04/2024

An employee who suffers an adverse employment action shortly after filing a complaint or returning from a leave of absence is likely to smell a retaliation rat. But what’s considered an adverse action?

Tolerate boss’s racist behavior, retaliation? Prepare to pay millions in damages

10/16/2024

If you need a reason to stamp out workplace name-calling, discriminatory work assignments and retaliation, consider the massive punitive-damages award a jury recently granted to an employee who sued because of ongoing racist behavior by a supervisor.

Fed agencies by the numbers for FY 2024

10/15/2024

The EEOC, National Labor Relations Board and OSHA have released new statistics on their activities during federal fiscal year 2024, which ran from Oct. 1, 2023, to Sept. 30, 2024.

Fired whistleblower triggers wide-ranging investigation

09/19/2024

An employee of a day care center who raised health concerns about the center’s kitchen will receive $43,295 in back pay. But it may cost the employer far more.

What counts as retaliation? Almost anything

06/20/2024

Follow up with workers who report discrimination to make sure they’re not being punished.