Retaliation

No slack for employees who take FMLA, then get caught breaking your rules

02/20/2018

Employees who take FMLA leave are not immune to discipline discovered while they are out on FMLA leave or after they return to work.

Requesting religious accommodation isn’t protected, but that doesn’t kill lawsuit

02/14/2018

Employees who engage in so-called protected activity under Title VII cannot be retaliated against for doing so. But the definition of protected activity is narrow.

Work romance ends? Separate the former lovers

02/14/2018

When a sexual relationship between a supervisor and a subordinate ends, there’s likely to be trouble in the workplace. If the subordinate is complaining about how her former lover is treating her at work, the only safe course of action is to remove the supervisor entirely.

Make your complaint process retaliation-proof by limiting access

02/07/2018

Access to internal complaints should be on an as-needed basis. Restricting access to those files limits the number of staff members who can be accused of retaliation.

Guard against retaliation any time employee makes internal complaint about pay

01/31/2018

When a worker complains about being underpaid, that may be protected activity and punishing the worker for complaining may be retaliation. Advice: Take all compensation complaints seriously. Make sure supervisors don’t retaliate.

Beware retaliation following bias complaint

01/26/2018

When a worker claims she experienced sexual harassment and sex discrimination, how you handle it may determine if you will eventually face a lawsuit. Any hint that the employee was punished for coming forward will probably result in litigation.

Court: Reasonable fear of economic harm is enough to support constructive discharge claim

01/18/2018

Employees can’t quit and claim constructive discharge just because conditions at work became uncomfortable. But what level of discomfort is required?

Beware discipline after employee talks to EEOC

01/10/2018

It’s unlawful to punish employees for cooperating with the EEOC. If anyone who has been in contact with the EEOC is suddenly fired, reassigned or otherwise subjected to some negative action, you’re courting a retaliation lawsuit.

OSHA whistleblower awarded more than $173,000

01/09/2018

An employee who was fired for reporting improper asbestos removal procedures at a Gloverville, N.Y. school worksite in 2010 has been awarded $173,794 in damages.

Court recognizes a new kind of claim: Retaliatory hostile environment

01/03/2018

Essentially, a retaliatory hostile environment claim looks at situations in which life was made generally difficult for an employee in small ways that in themselves would not affect a term or condition of employment.