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Retaliation

Bias charge threatened? Beware retaliation

12/04/2008

Employees are protected from retaliation for filing discrimination claims such as a complaint with the EEOC or the DOL. That protection starts as soon as the employee lets someone in authority at the company know he’s going to contact the agency.

Your rules can protect against retaliation—make sure managers follow them

12/04/2008

When jurors hear that a company has a clear set of disciplinary rules but made an exception in the case of someone who just filed an EEOC or internal discrimination claim, they may jump to the conclusion retaliation occurred.

Investigate thoroughly before settling bias suit

12/04/2008

Settling with an employee who has filed a discrimination lawsuit? If the EEOC gets involved, it can continue the case on its own—and may be able to get a court to order you to take corrective measures that go far beyond your settlement terms. That’s one good reason to conduct your own thorough investigation before you settle with the employee.

Workers who pursue internal discrimination grievances have extra time to sue

11/25/2008

The California Fair Employment and Housing Act requires employees to file complaints with the appropriate state agency within one year of an alleged discriminatory act. But what happens if the employee delays going to the agency and instead tries to resolve the complaint using the employer’s own internal process?

Gov’t workers with free speech claims can charge retaliation

11/25/2008

An employee who works for a government agency or other public employer and files an internal grievance may be protected from retaliation. That’s because the grievance may be protected First Amendment speech, against which the employer can’t retaliate.

Holidays on a shoestring: Real-life tips on celebrating in style without breaking the bank

11/25/2008

Are you downsizing your holiday party this year? A Watson Wyatt survey says 37% of firms are scaling back end-of-year festivities—or canceling them altogether! Here’s how some businesses are coping, according to our sister e-newsletter The Admin Pro Forum. PLUS! News about a holiday party legal problem you might never suspect.

What are the risks of firing a problem employee?

11/20/2008
Q. We have an employee who has a history of clashing with others at work. Her supervisors have addressed this with her many times. Recently, she sent an e-mail that was unprofessional and insulting to co-workers. If we fire her, could she successfully sue us for sex discrimination or harassment?

New president, new Congress: 5 new employment laws could reshape HR

11/11/2008

When Barack Obama takes office in January, get ready for the most sweeping employment-law changes the HR world has seen in years. Attorney Mike Fox walks you through the legislation likely to reshape HR, possibly even in the first 100 days of the Obama administration. Here’s how to prepare.

Take it seriously when employee yells, ‘Stop!’

11/10/2008

Employees who suffer reprisals after complaining about possible discrimination or harassment can sue for retaliation. But they can do so only if they can show they “engaged in protected activity”—that is, that they told their employer about the alleged discrimination or harassment.

FGCU discrimination settlement unsettles athletics department

11/10/2008

Carl McAloose, the former Florida Gulf Coast University athletic director, said it only took him “about five seconds” to decide to resign after he heard the university had agreed to settle with Holly Vaughn, former women’s golf coach, and Jaye Flood, former women’s volleyball coach.