Retaliation

Court: Nursing mom entitled to light duty

09/21/2017

In an important case that could carve out new rights for new mothers, the 11th Circuit Court of Appeals has ruled that employees returning to work after giving birth may be entitled to light-duty work to accommodate the need to express breast milk for their babies.

DOL visiting? Don’t bar employee who complained

09/07/2017

When the Department of Labor or another governmental agency says it is sending an investigator to the workplace, there’s a right way and a wrong way to respond. The wrong way: Removing the employee whose complaint you suspect spurred the authorities to visit.

Former Austin cop seeks $1 million for retaliation

08/30/2017

A former firearms instructor for the Austin Police Department has filed a retaliation lawsuit claiming the department retaliated against him for filing an EEOC discrimination complaint.

HR has a duty to call out discrimination–which is why it’s protected speech

08/30/2017

HR professionals have protection against being fired for voicing legitimate concerns about discrimination and for refusing to engage in activities they believe may be discriminatory.

Beware discipline right after employee files lawsuit

08/30/2017

If an employee sues her employer and suddenly faces increased scrutiny, she may argue that she’s being retaliated against. She would have an even stronger case if the employer was singling her out for extra scrutiny.

Warn against mocking sexual orientation

08/30/2017

Regardless of sexual orientation’s uncertain protected status, it is well-settled that mocking someone’s nonconformity to society’s gender stereotypes is sex discrimination.

Was that really a layoff, or just an excuse to get rid of a squeaky wheel?

08/09/2017

The 8th Circuit Court of Appeals had reinstated a lawsuit against a grain operator based on the suspicious timing of a discharge and the use of what the court thought sounded like a manufactured excuse for not rehiring the worker.

Mandatory training for all staff isn’t retaliation

08/02/2017

An employee may feel singled out when HR holds a training session to address something that employee did. But that doesn’t make it retaliation.

Being annoyed at work is no excuse to sue

08/02/2017

A federal appeals court has refused to reinstate a lawsuit based almost exclusively on complaints about common workplace annoyances.

Transfer can amount to adverse action–but it better be a long way away

08/02/2017

Under some circumstances, making an employee move to a different job location can be viewed as an adverse employment action. However, minor inconveniences don’t cut it.