Retaliation

Home Depot beats harassment, retaliation charges

04/21/2008

A federal judge in Alabama has dismissed most of the sexual harassment and retaliation charges filed by two former employees against The Home Depot Inc. David Corbitt and Alexander Raya, both long-term employees of the Atlanta-based retailer who rose to store manager positions, alleged that regional HR Manager Leonard Cavaluzzi sexually harassed them in 2005 …

Warn managers: They may be personally liable for discrimination

04/18/2008

If you have trouble persuading managers that they cannot discriminate or harass, here’s ammunition. Tell them that if they participate in any form of discrimination or harassment, it’s their assets on the line. An employee can sue them directly, and they may have to pay damages out of their own bank accounts …

Individuals cannot be held liable for retaliation claims

04/18/2008

The California Supreme Court held in 1998 that individual supervisors and managers are not personally liable for discrimination under the California Fair Employment and Housing Act. Now the court has also ruled that individual supervisors and managers may not be held financially responsible for retaliation claims …

Justify decisions to thwart retaliation bait & switch

04/14/2008

One of the most popular litigation tactics these days starts with an employee filing a discrimination complaint. Then the employee—and her attorneys—sit back and wait to see what happens. If the employer somehow punishes the employee, the attorneys add a second count to the lawsuit: retaliation …

Objective promotion process makes retaliation claim harder

04/09/2008

Imagine how awkward it would be to have an employee sue her employer and then stay on the job. There’s a real danger that the worker will become supersensitive to workplace slights. She may think every comment is meant to punish her for the lawsuit—and that every thwarted promotion request is direct retaliation …

Beware firing after worker calls hotline

04/09/2008

If an employee calls the company discrimination hotline to report alleged wrongdoing while you are in the process of disciplining her, think twice before you fire her. Make certain your underlying reasons are rock-solid. Otherwise, you risk an immediate retaliation lawsuit …

Clear, open promotion policies key to litigation-Free decisions

04/08/2008

The reality of the modern workplace is that at any given time, someone is going to be unhappy. Promotions may not come. Resentment may arise from working with employees from many racial, ethnic or religious backgrounds. Simply put, it’s next to impossible to prevent all discrimination claims. You can, however, minimize the risk of being sued by developing clear and open workplace and promotion policies …

Tell managers: Unless you have notes, you can’t terminate

04/08/2008

The quickest way for an employer to get into big trouble is to retaliate against an employee who files a discrimination charge. Any negative employment action after the charge is filed may mean an additional lawsuit. Instruct managers to document any alleged poor performance—and make sure they use only objective, concrete measures …

Supersensitive employees? Don’t treat with kid gloves

04/07/2008

Don’t let fear of litigation allow one or two supersensitive employees to squash reasonable criticism and destroy workplace morale. Take, for example, an employee who happens to be a member of a protected class (e.g., race, gender or disability) and always seems to believe that supervisors are singling him out …

Inequitably reducing or denying bonus may be retaliation

04/01/2008

As employers, we would like to think employees would be grateful for bonuses no matter the amount. But employees may perceive a smaller than expected bonus (or a bonus denied) as retaliation for engaging in protected activity …