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Retaliation

Independent investigations by HR remove bosses’ biases

12/01/2007

If there’s one situation in which the HR function really earns its keep, it’s when an employer faces the prospect of having to discharge an employee. Sometimes—if a subordinate has a legitimate complaint against the supervisor, for example—the supervisor harbors illegal retaliatory motives. That’s when it’s best to have an independent decision-maker involved …

Indianapolis FD settles to put out sexual discrimination fire

12/01/2007

The Indianapolis Fire Department has agreed to pay $350,000 to settle a sexual discrimination suit filed by a female captain. The captain claimed she was harassed, unjustly disciplined and not considered for promotion …

Go ahead and discipline, even when considering FMLA leave

12/01/2007

Employees who ask for FMLA leave often act as if they are immune from any sort of discipline. But that’s simply not the case. Even if an employee has applied for or is actually on FMLA leave, you can and should punish rule breaking. Just make sure you aren’t treating an employee who takes FMLA leave more harshly than any other employee. Equitable discipline is the rule …

Public employers, take note: Expect trial on First Amendment whistle-Blower claims

12/01/2007

Employees who work for federal, state or local government agencies have more rights than most private-sector employees. One of those is the limited right to be a whistle-blower on matters of public concern, such as alleged corruption or illegal activities …

FedEx’s federal fallout lands in Indiana court

11/01/2007

FedEx Ground/Home Delivery drivers have filed suit in the federal district court in South Bend, claiming the delivery giant fired them in retaliation for exercising their legal rights. The California-based drivers, who operate single routes as contractors, have fought for years to obtain employment status with the company …

Discrimination claim dropped, retaliation claim goes to jury

11/01/2007

A cosmetology instructor in the state prison system will have her case heard by a jury after she convinced a judge her employer most likely retaliated against her for filing a race discrimination charge with the EEOC …

Basics of the FMLA: 7 steps to total compliance

11/01/2007

The Family and Medical Leave Act entitles eligible employees to take up to 12 weeks of unpaid leave per year for their own “serious health condition,” care of a spouse, child or parent with a serious health condition, or for childbirth or adoption.The U.S. Labor Department recently collected 15,000 public comments about the pros and cons of the law. The department may use those comments to help develop regulations that clarify the confusing parts of the law, but no regulations are imminent …

Supervisors need to know: don’t penalize complainers

11/01/2007

Sometimes employees file discrimination complaints just to see if their employers will retaliate in some way. Then they hit back with a retaliation claim. It’s a classic trap—and it doesn’t matter if the original complaint was weak. Don’t fall for it. Instead, make sure you treat the employee exactly as you would have if he hadn’t filed the complaint …

EEOC charges LAFD with discrimination—Again

11/01/2007

The EEOC has brought new charges against the Los Angeles Fire Department (LAFD), charging it with subjecting black and female firefighters to a “pattern and practice” of discrimination, harassment and retaliation. It’s not the first time the department has been under fire …

Watch timing of adverse action against whistle-Blower

11/01/2007

Want to guarantee a day in court with an  employee who blows the whistle on alleged company wrongdoing? Just take adverse action against him—firing, demotion or suspension, for example—within hours of hearing about the complaint. If you already had planned to take action, make sure you can substantiate it. Be sure you can also show there are no “smoking guns” that could point to a different motivation …