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Retaliation

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.

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.