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Retaliation

Invest in a timely, thorough investigation, or prepare to pay big damage award

06/12/2017
When employees complain about potential workplace discrimination and harassment, smart employers take it seriously. Nothing short of a thorough investigation will do. If you drop the ball and don’t take quick action, it could wind up costing your organization dearly.

Teach managers: No complaining about FMLA

06/07/2017
Make sure all supervisors understand that they must never criticize employees for taking FMLA leave. For employees who need to care for their own serious health condition or that of a close relative, FMLA leave is a right, not a privilege.

Past discipline record beats retaliation claim

05/17/2017
Here’s another good reason to consistently document all disciplinary actions: If an employee with a history of problems such as rules violations later engages in protected activity, it will be hard for him to show that the discipline was retaliation for engaging in that protected activity.

Mere annoyances don’t add up to retaliation

05/17/2017
Employees who have filed hostile work environment claims are allowed to sue their employers who retaliate against them for complaining. However, minor annoyances aren’t enough to constitute retaliation.

ADA retaliation claim doesn’t require actual disability

05/10/2017
Punishing an employee who requests a reasonable accommodation is retaliation even if it turns out that employee isn’t disabled and, therefore, wasn’t eligible for an accommodation at all.

Be careful after employee wins lawsuit, but don’t be afraid of warranted discipline

05/10/2017
When an employee has won a lawsuit against her employer, managers naturally want to make sure they don’t do anything that might smack of possible retaliation. On the other hand, managers shouldn’t feel as if the employee is now “untouchable.”

When employees sue you, resist temptation to sue them, too

05/10/2017
“Can’t we sue them for this?” That’s the sentiment many employers express after being on the receiving end of a lawsuit that they think is based on untrue facts. Although it is never satisfying to be told “that wouldn’t be a good idea,” this is generally the right answer for various reasons.

$2 million bite out of dental association

05/04/2017
The American Dental Association’s former chief legal counsel and its former HR director will split $1.95 million after the EEOC determined the association probably retaliated against the two executives for voicing concerns about what they believed were discriminatory actions.

After complaint is filed, be sure to justify all discipline

04/25/2017
If an employee complains about discrimination, make sure any subsequent discipline is well justified. Sudden discipline against a worker whose record was previously clean can be viewed as retaliation.

Tell managers: No comments of any kind about discrimination complaints

04/24/2017
The risk: Even if a complaint gets tossed out, employees could have a valid retaliation claim.