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Retaliation

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.

Court: ACA complaint can trigger retaliation claim

08/01/2017
Love it or hate it, the Affordable Care Act remains the law of the land. That means, after months of futile legislating on Capitol Hill, important health insurance decisions will be made by courts, not Congress.

Cutting out accommodation may be retaliation

07/27/2017
The EEOC has just filed a lawsuit alleging an employer retaliated against an employee for complaining about discrimination by rescinding an existing religious accommodation.

Sometimes you simply must fire whistleblower

07/21/2017
Occasionally, it may become clear that a whistleblower needs to be fired for reasons entirely unrelated to his protected activity. That requires careful thought, because the employee may claim that his termination was retaliation.