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Retaliation

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 …

Rolled eyes may be rude, but they’re not retaliation

04/01/2008
When employees raise the same gripes over and over, it’s sometimes hard to take them seriously. It can be particularly frustrating if those complaints include discrimination claims, when management is sure no discrimination has taken place. Aggravated bosses, take heart! It may not be a management best practice to show your frustration with baseless complaints, but it isn’t likely to lead to a retaliation lawsuit …

Title VII may apply to some independent contractors

04/01/2008
Title VII of the Civil Rights Act (the legal basis of many discrimination lawsuits) applies to anyone over whom an employer exercises control—that is, dictating the “manner and means” by which the individual performs the job. That means the law may cover even an otherwise independent contractor …

A series of small slights can add up to one huge retaliation case

04/01/2008
It’s hard to prove discrimination, but much easier to prove retaliation. That’s a lesson more and more employers are learning the hard way. The fact is, anything negative you do to an employee who has complained about alleged discrimination may amount to retaliation …

Hofstra football assistant says jocks were jerks

04/01/2008
An assistant for Hofstra University’s football team has filed a federal lawsuit charging that she was “subjected to offensive and sexually graphic movies in the presence of howling and taunting male students” and “locked in a bathroom by a group of male students” …

Age discrimination is hard to prove—But retaliation isn’t

04/01/2008
One of the hardest discrimination claims for employees to prove is age discrimination under the Age Discrimination in Employment Act (ADEA). Retaliation is a much easier case to make. All the employee has to prove is that he complained about discrimination and was punished for doing so …

Firing shortly after follow-up FMLA care may be retaliation

04/01/2008
As more time passes after an employee takes FMLA leave, courts grow less and less likely to link an adverse employment action to taking leave. That means employees have a harder and harder time proving that being fired, for example, was retaliation for exercising their FMLA leave rights. But be careful …