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Retaliation

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 …

New Jersey courts extend whistle-Blower protections

11/01/2007

Employees who blow the whistle on corporate misdeeds have extra time to file retaliation complaints under the Conscientious Employee Protection Act (CEPA), thanks to a recent ruling by the New Jersey Superior Court, Law Division …

Think twice before doing anything to discourage employee lawsuit

11/01/2007

When an employee is threatening to file a lawsuit against your organization, it’s natural to feel angry, betrayed or even hurt. But don’t react. Instead, tell him that the decision is his, and you’ll treat him just the same as you always have—lawsuit or no lawsuit …

Fired DMV watchdog files whistle-Blower suit

11/01/2007

A former examiner for the state Division of Motor Vehicles (DMV) has sued under the state’s whistle-blower act, claiming he was fired for trying to prevent illegal immigrants from getting licenses …

Demanding lie detector test isn’t necessarily retaliation

11/01/2007

The 5th Circuit Court of Appeals, which has jurisdiction over Texas employers, has refused to say that Title VII prohibits the use of polygraph examinations in harassment investigations. Now juries get to decide whether forcing an employee to undergo a polygraph exam is retaliation for filing a complaint …

If employee makes threats, discipline isn’t retaliation

11/01/2007

You’ve done everything right. You have a solid anti-harassment and discrimination policy, a simple and effective complaint process and you strive to fairly, completely and quickly resolve complaints. But what do you do when the employee who complained doesn’t like the results and blows up? …