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Retaliation

Sometimes, employees just need thick skins—co-worker snubs aren’t retaliation

10/15/2009

Employees who complain about discrimination are protected from retaliation—but not from every consequence of their complaint. Take, for example, what often naturally occurs when someone files a harassment complaint that turns out to be unfounded or unworthy of drastic action like firing the alleged harasser. There’s bound to be backlash from other employees …

Even if managers go rogue, you can defend terminations by conducting independent review

10/13/2009

You can preach your zero-tolerance policy on discrimination and retaliation until you’re blue in the face—and sometimes it still makes no difference. Occasionally a supervisor will say or do something stupid that gets the company dragged into court. However, there are steps you can take to avoid liability.

Handle supervisor harassment with a good policy, timely investigation and independent review

10/12/2009

It’s one of the toughest HR problems: Handling a sexual harassment claim when the alleged harasser is a supervisor. But all is not lost. With proper planning, you can minimize the liability risk. Here’s how:

Appeals court expands free speech protection for employees of government agencies

10/09/2009

Public employees who speak out on matters of public concern are protected from retaliation because their speech is protected by the First Amendment. For some time, courts have held that, if the employee’s motive was not informing the public, but instead securing some other workplace advantage, the speech was not protected. But now the 2nd Circuit has concluded that isn’t the law.

Petro services firm settles reverse discrimination lawsuit

10/05/2009

An Alice-based oil field services company has settled a reverse race discrimination lawsuit filed by the EEOC. The commission filed the suit in 2008 on behalf of Bert Yaklin, a white parts-department employee of Coil Tubing Services, which supports the petroleum industry in Texas and Louisiana.

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.