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Retaliation

HR CSI: How to conduct a post-mortem of a legal claim

07/14/2009

If you’ve ever been caught up in an employment lawsuit, chances are you couldn’t wait for it to be over. Yet every case presents a valuable opportunity to prevent future problems and improve HR effectiveness by conducting an “autopsy” of the claim.

Institute strict ‘no race talk’ policy to help minimize harassment claims

07/13/2009

For years, employers have grappled with what constitutes a hostile work environment and what does not. There’s a way to end pointless arguments about whether speech or conduct is racially offensive—and prevent potential problems down the line. Implement a policy that clearly bans race banter.

Beware unintended consequence of staff realignments: More retaliation suits

07/13/2009

Many employers are trying to do more with less these days, and that often means moving staff into new roles. Not every employee embraces that kind of change. Some might even see a transfer as some kind of retaliation, especially if they have recently complained about discrimination. Fortunately, courts seldom consider reassignments as adverse employment actions.

Cover retaliation in all supervisory training

07/13/2009

Punishing an employee for complaining about discrimination is retaliation even if it turns out that whatever the employee was complaining about wasn’t discrimination. That’s why you should include information on avoiding any form of retaliation in all your training programs.

Transfer to slower-climbing position can equal retaliation

07/08/2009

Be careful if you transfer an employee who filed a discrimination complaint to another position. Even if the new job provides the same benefits and pay, it may look like retaliation if the position comes with fewer advancement opportunities.

Texas law school professor alleges age and gender bias

07/08/2009

Rosanne Piatt, an instructor at St. Mary’s University School of Law, recently filed a charge of discrimination with the EEOC and the Texas Workforce Commission Civil Rights Division. She claims the university discriminated against her on the basis of her age and gender.

Warn bosses: ‘Getting even’ can be retaliation

07/08/2009

It’s natural for supervisors and managers to become upset when employees accuse them of some form of discrimination. Tell them they must resist the impulse to strike back. It inevitably makes the situation worse. Many forms of managerial punishment may end up being construed as retaliation—which can be far easier to prove than the alleged discrimination that started all the trouble.

Acting against worker who has already complained? Have someone new make decision

07/08/2009

Employers have faced more retaliation claims ever since the U.S. Supreme Court made such cases easier to win by ruling that retaliation is an action that “might have dissuaded a reasonable worker from making or supporting a charge of discrimination.” While the federal courts have placed some limits on what constitutes a retaliatory act, they continue to struggle with the question.

‘Unethical’ isn’t enough under Minnesota whistle-blower law

07/08/2009

Employers can’t fire employees in retaliation for “blowing the whistle” on illegal activities. But Minnesota’s Whistleblower Statute doesn’t apply to workers who complain about practices they simply think are unethical.

Did zeal to stop discrimination lead to retaliation?

07/08/2009

Ellen Bahr was a supervisor for Capella University and regularly had to evaluate workers in her department. One black woman was performing far worse than the rest of the workers, so Bahr placed her on an improvement plan. Even then, the employee’s work remained below standard …