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Retaliation

Don’t consider FMLA leave when tallying employee’s ‘excessive’ absences

10/05/2009

You’re asking for trouble if you consider FMLA leave-related absences a negative factor when making employment decisions. Courts view such decisions as direct evidence of retaliation—which makes it almost impossible for the employer to win a lawsuit.

Can we require employees to waive their rights to file an EEOC charge?

10/02/2009

Q. I know employees can be required to waive their rights to sue to resolve employment-related disputes, either through a negotiated release or binding arbitration agreement. Can an employer also require employees to agree to waive their rights to file EEOC charges?

Protected activity can include protesting racial comment

10/01/2009

In some circumstances, all it takes to launch a retaliation lawsuit is a supervisor’s isolated, insensitive comment , as the following case shows.

Suing under CEPA bars related claims

10/01/2009

Here’s a bit of good news for employers. When an employee sues her employer under the Conscientious Employee Protection Act (CEPA), she can’t add additional common-law claims (such as defamation) based on the same facts. That means no second bite at the litigation apple.

Report blasts urban employers

10/01/2009

A controversial study of employment practices in the New York City region, Chicago and Los Angeles has found that employers routinely stiff low-paid workers, breaking wage-and-hour laws and illegally thwarting union organizing efforts.

One way to stop retaliation cases: Evenly enforce sick-leave documentation rules

09/28/2009

You shouldn’t have to worry about losing a retaliation lawsuit if you consistently follow your internal rules for seeking medical information from employees who ask for sick leave. That’s true even if the employee has already complained about discrimination, either internally or to the EEOC.

REDA revisited: It doesn’t cover discrimination claims addressed by federal law

09/28/2009

The Retaliatory Employment Discrimination Act is intended to prevent employers from punishing employees for reporting unsafe or illegal working conditions or filing workers’ compensation claims. But recently, employees and their lawyers have tried to use REDA to claim more general retaliation for reporting allegations of race discrimination. Fortunately, the courts are shutting the doors on such claims.

Check reason before approving post-complaint discipline

09/25/2009

Employees who complain about alleged discrimination by a supervisor can set up a retaliation claim if they are disciplined or otherwise punished shortly after complaining. Relying solely on the say-so of the boss the employee initially complained about may cause trouble if that supervisor’s reasons are flimsy.

Testifying for subordinate may be protected activity

09/21/2009

Supervisors who stand up for subordinates when they claim they have been discriminated against may be engaging in “protected activity.” That could make punishing those supervisors retaliation.

Teach bosses right way to handle doctor notes

09/18/2009

Some supervisors become visibly annoyed when receiving a doctor’s note that sets work restrictions on one of their employees. If the employee sees that reaction and then suffers discipline or termination soon after, watch out! He or she could link the timing of the two events as evidence of discrimination or retaliation.