Retaliation

Be ready to explain lower pay after complaint

11/15/2017

When employees complain about discrimination or some other employment law violation, that’s generally considered protected activity. Punishing them in a way that affects pay may be unlawful retaliation.

8th Circuit rules on preemption

11/14/2017

The 8th Circuit Court of Appeals has ruled that a state’s employment laws barring discharge for whistleblowing isn’t preempted by the Airline Deregulation Act.

Snapshot: Retaliation claims have skyrocketed

11/14/2017

The number of retaliation complaints the EEOC receives each year has increased 86% since 2006.

Supreme Court passes on FMLA retaliation

11/09/2017

Where an employer is located makes a difference when it comes to defeating an employee’s FMLA retaliation lawsuit. That’s because different federal courts use different standards for what an employee needs to prove to win a retaliation case under the FMLA.

Male government biologist files gender bias complaint

11/08/2017

A U.S. Forest Service biologist working in Pennsylvania claims he is being discriminated against because of his sex.

Manage schedule change after harassment

11/08/2017

One response to reported sexual harassment is to separate the alleged victim from the alleged harasser. However, if the separation includes a schedule change, the victim may claim that amounted to punishing her for reporting harassment in the first place.

3rd Circuit rules reduction in work hours following complaint may be retaliation

10/20/2017

It is crucial for HR to follow up regularly with a worker who has complained of discrimination to see if she has any possible retaliation to report. Something seemingly as minor as a changed schedule or slightly reduced hours can be grounds for a retaliation lawsuit.

Saying ‘No!’ to boss’s come-on puts employer on notice of possible retaliation

10/18/2017

When an employee rejects a supervisor’s unwanted sexual advances, that counts as opposing discrimination for the purpose of establishing retaliation for protected activity. Essentially, saying “No!” to a harassing supervisor may be as good as reporting the incident to HR.

Beware small changes that could be retaliation

10/18/2017

Punishing a worker for using FMLA leave is illegal retaliation—and the punishment doesn’t have to be something big like termination. Even seemingly minor acts can qualify as retaliation if they would dissuade a reasonable worker from using FMLA leave in the first place.

After Minnesota Supreme Court ruling, new rules for whistleblowers

10/16/2017

A unanimous Minnesota Supreme Court decision has made it considerably easier for workers to file—and win—whistleblower lawsuits under the Minnesota Whistleblower Act.