Retaliation

Title VII doesn’t cover retaliation for OSHA complaints

01/05/2009

The 5th Circuit Court of Appeals has rejected an invitation to expand the number of cases that fall under Title VII’s retaliation provision. It recently ruled that someone who reports an OSHA violation couldn’t charge that he or she was retaliated against by filing a Title VII retaliation lawsuit.

Settlement leaves weight loss firm $20 million lighter

01/05/2009

LA Weight Loss, which was renamed Pure Weight Loss in 2007, has settled a lawsuit filed against it by the EEOC. The agency had alleged a nationwide pattern and practice of sex discrimination at locations across the country …

Track reasons for multiple FMLA leaves

12/31/2008

It’s a good idea to keep careful track of the reasons why employees take FMLA leave—especially if an employee takes leave on different occasions for different reasons.

High bar for retaliation case when someone else is victim

12/31/2008

Sometimes, employees don’t have enough information to judge whether something they observe at work is discrimination—or a legitimate management action.

Don’t panic when former employee files massive lawsuit—most claims go away

12/24/2008

These days, employees and their attorneys often go to great lengths to intimidate employers. One way to do that is to file a huge lawsuit—one that takes up pages and pages, and includes a laundry list of allegations … Before you panic, call your attorneys

Memo to staff: Put up with those you dislike

12/09/2008

What if an employee files a discrimination complaint with the EEOC and then suddenly finds herself having to work with someone she deems undesirable? Can she sue and allege that transferring the person she doesn’t like into her work section amounts to retaliation for filing the EEOC complaint?

Be prepared to explain why offenses were similar but punishments differed

12/08/2008

Employers need flexibility when it comes to disciplining employees. But flexibility can’t come at the expense of members of a protected class. Be careful before you approve different punishments for the same or very similar rule violations.

Headmaster gets nearly $1 million in retaliation case settlement

12/08/2008

Lake Ridge Academy in North Ridgeville agreed to pay $950,000 after a federal jury found that it fired James Whiteman in retaliation for expressing concerns about possible pay inequities at the private school.

Help managers understand the Age Discrimination in Employment Act

12/05/2008

At first glance, the federal ADEA appears rather straightforward: It protects people age 40 and older from employment discrimination based on their age. But the law can affect just about anything managers do, from asking questions in job interviews to assigning job duties …

U.S. Supreme Court: 4 key employment cases could reshape HR