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Retaliation

Are applicant ‘blacklists’ legal?

04/20/2010

Employers typically don’t want to hire applicants who haven’t succeeded elsewhere. So they sometimes create a blanket “no-hire” rule for applicants who aren’t eligible for rehire by their former employers. Such a policy can give you cover against possible retaliation complaints. But if you’re tempted to draft such a policy, be careful: Make sure you enforce the rule uniformly.

USERRA retaliation rules mirror those in Title VII

04/19/2010
The Uniformed Services Employment and Reemployment Rights Act provides job protection for employees who serve in the military and prohibits retaliation against anyone—including co-workers—who participates in an investigation or proceeding to enforce the law. But petty aggravations aren’t retaliatory.

Minimize chance of retaliation suit by insulating new boss from past bias claims

04/15/2010

It often makes sense to offer a fresh start to an employee who claims discrimination. By settling her case and moving her to another position, she gets a chance to begin again, and the employer gets a chance to avoid a potentially expensive lawsuit. To make the move effective, make sure that any new supervisors don’t know about the bias complaint.

EEOC sues ambulance service for sexual harassment

04/15/2010

The EEOC has filed suit against a Chicago ambulance service, alleging that a supervisor often made off-color remarks to female employees and, on at least one occasion, demanded sexual favors in return for a raise. Several women who worked for Jay Medcar Transportation complained of the behavior, but the EEOC alleges the company never investigated any of the charges.

OSHA claims Illinois Central railroaded whistle-blower

04/15/2010

In a case involving retaliation against an employee who reported a workplace injury, OSHA has won a judgment against the Illinois Central Railroad. The railroad investigated the reported injury—and then fired the man who reported it.

Air quality complaint isn’t basis for retaliation claim

04/15/2010

The Illinois Indoor Air Quality Act is designed to reduce indoor pollution. It tasks the Illinois Board of Health with enforcing statewide indoor air quality standards, because encouraging good air quality is good public policy. However, the law doesn’t specifically offer whistle-blower protection to employees who voice complaints about their workplace air quality.

Warn bosses: No criticism for filing bias complaint

04/15/2010

Now’s a good time to remind supervisors and managers that they must keep a cool head if an employee threatens to take a complaint to the EEOC or the Illinois Department of Human Rights. Angrily accusing the employee of insubordination or disloyalty will probably be viewed as retaliation for engaging in protected activity.

Feel free to impose legitimate discipline on employee, even if she’s on FMLA leave

04/15/2010

Perhaps you have faced this situation: An employee is about to be disciplined, but suddenly applies for FMLA leave. She begins her leave while the discipline is pending. Do you have to wait to punish her? Not if you can clearly show that the punishment is for legitimate reasons and not related to her FMLA leave.

State code protects only those who officially report abuse

04/15/2010
Texas nursing home employees who report alleged patient abuse to state authorities are protected from retaliation under the Texas Health and Safety Code—but only if they formally report the problem.

Don’t pile on reasons for firing; you’re spoiling for retaliation fight in court

04/15/2010

Let’s say you’ve got one very good reason to fire an employee, plus several other halfway decent reasons. Why not wrap them all into one big package of employee shortcomings when it comes time to show her the door? Because such overkill could play badly in court if the dismissed employee ever sues you.