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Retaliation

Promotion complaints? Consider firewall for future promotions

05/23/2008
Sometimes, employees who fail to get promoted get it into their heads that they are being discriminated against when that’s simply not the case. Make sure the manager or supervisor who handles such an employee’s next promotion request doesn’t know about the previous complaints—and therefore won’t be in a position to retaliate …

Tell supervisors: No threats following unfair labor charges

05/19/2008
It’s understandable that managers and supervisors might get angry if an employee filed unfair labor practice charges against them. But how they respond may mean the difference between a reasonable resolution of the underlying complaint and additional charges—for retaliation and intimidation …

Don’t let retaliation undo settled discrimination charge

05/19/2008

Ever since the U.S. Supreme Court declared that the threshold for retaliation is much lower than for discrimination itself, employees who have filed discrimination complaints are finding that by charging retaliation, they get a second chance to drag their employers into court. That’s why it is absolutely crucial for HR to train supervisors and managers on retaliation …

After discrimination complaint, be sure to document any potential disciplinary moves

05/16/2008
State and federal laws protect employees who file discrimination complaints from retaliation for making those complaints. That’s why it’s a good idea to make sure you carefully document any disciplinary moves that occur after an employee has complained of discrimination …

‘Boys will be boys’ won’t excuse harassment

05/16/2008
A group of black construction workers filed a race discrimination and retaliation claim with the EEOC. They complained of racist graffiti, demeaning language and their tools being stolen. The employer tried to shrug it off, basically arguing that construction sites are by nature crude and mean-spirited workplaces …

‘Association discrimination’: A new frontier for HR?

05/15/2008
You know it’s illegal under Title VII to discriminate against employees based on their race, sex, age and other protected characteristics. But a smattering of new court cases seem to expand that protection further—and create a new employment-law risk …

Plan to pick up slack when FMLA leave cuts worker output

05/14/2008
For better or worse, intermittent FMLA leave sometimes has the effect of turning a full-time job into a de facto part-time one. That means an employee taking intermittent leave probably won’t get everything done. it’s up to the employer to figure out how to fill the gap …

Warn managers: Personal problems aren’t ‘Distractions’

05/13/2008
Some lawsuits are based on just a few careless comments from a supervisor. That’s especially true in cases involving employees who take time off under the FMLA. Managers who refer to these problems as “distractions” and comment on their impact on the workplace are inviting employees to sue …

Petty slights and ostracism don’t add up to retaliation

05/13/2008
Sometimes, it seems as if every employee who ever filed a complaint about real or imagined discrimination follows up with a retaliation lawsuit. Ever since the U.S. Supreme Court loosened the requirements for proving retaliation, lawyers have had a field day. At least the 8th Circuit Court of Appeals has begun reining in these lawsuits …

Be alert for retaliation after employee reports wrongdoing

05/13/2008
The Minnesota Whistleblower Act (MWA) is designed to protect Minnesota employees who are punished for reporting company practices they believe are illegal. It’s not HR’s job to determine whether anything illegal occurred. However, when an employee has blown the whistle on a company practice, HR must make sure any future discipline is warranted and not driven by an ulterior motive …