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Retaliation

Fair treatment wins when whistle-blower sues

01/25/2010

Sometimes employees believe that reporting potential wrongdoing by their employers or fellow employees means they can’t be punished. In effect, the assumption is that being a whistle-blower gives them a pass and protects them from adverse employment actions, such as termination. That’s simply not true.

Camden settles race bias case for $1.15 million

01/25/2010

Two black deputy fire chiefs have accepted a $1.15 million settlement to end their race discrimination and retaliation lawsuit against the city of Camden and two Camden fire chiefs.

Lawnside settles police dept. bias case for $350,000

01/25/2010

The Borough of Lawnside has agreed to settle a discrimination lawsuit filed by a female police officer who alleged she began experiencing harassment and discrimination almost from Day 1.

Reprimand, mandate training to cut bias liability

01/19/2010

All employees, regardless of which protected class they belong to, have the right to work in an environment free from hostility. That doesn’t mean, however, that you have to fire every co-worker who does something that might be interpreted as hostile. Sometimes the appropriate response is to reprimand the co-worker and educate her so she’ll change her ways.

Stare masters: How much ogling equals harassment?

01/15/2010

What’s the difference between a friendly glance and a sexual stare? A recent court ruling shows that sexual harassment is in the eye of the beholder—and supervisors better not roll their eyes if they witness it …

No jury trials for disability retaliation—but you still must handle complaints properly

01/14/2010

Thanks to a recent 9th Circuit Court of Appeals decision, employers no longer face the prospect of jury trials to resolve ADA retaliation claims. That’s a big victory, since juries are notorious for returning large awards against employers. Plus, the decision makes it clear that punitive damages are not available for retaliation, either.

What’s retaliation? Depends on the employee

01/12/2010

No doubt you have heard many times that retaliation is anything that would dissuade a reasonable employee from complaining about something in the first place. But minor actions usually don’t add up to retaliation. Unfortunately, the 2nd Circuit Court of Appeals, which has jurisdiction over New York employers, has now muddied the retaliation waters.

Stray comments unfortunate, but rarely prove discrimination

01/12/2010

HR professionals often worry needlessly when they hear that a supervisor has made an intemperate or insensitive remark. Fortunately, such comments seldom become the basis of successful lawsuits unless they are truly offensive or outrageous.

Is there any way to keep staff from speaking with former employee’s attorney?

01/11/2010

Q. A former employee recently sued my business for discrimination. A few current employees have told me that her lawyer has contacted them seeking information. Is there anything I can do to stop this?

Firing employee who complained of harassment? Don’t let alleged harasser play any role

01/11/2010

Here’s a rule of thumb to follow: An alleged harasser should have no part in a later termination decision involving his or her accuser. Giving the alleged harasser any role in the firing is almost certain to spur a retaliation lawsuit, even if it turns out the harassment claim doesn’t stick.