Retaliation

Statements to licensing board aren’t retaliation

09/06/2016

Public employees who speak out about matters of public importance are protected from retaliation. But retaliation doesn’t include an employer’s complaint about the employee to a licensing board.

Legitimate discipline isn’t retaliation

09/06/2016

Some managers fear disciplining a worker who has complained about discrimination or other allegedly illegal conduct. Quite reasonably, they worry that punishing an employee after he or she complains may precipitate a retaliation claim.

Watch out for retaliation after employee has complained about bias or harassment

08/26/2016

Sure it’s frustrating when an employee gripes about general workplace problems. Don’t let that frustration spill over into retaliation. If the worker is making a good-faith complaint about alleged discrimination or harassment, he’s protected from retaliation.

Refusing to transfer can be retaliation

08/11/2016

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Lift roadblocks to harassment reporting or prepare for a retaliation lawsuit, too

06/17/2016

If you place obstacles in the way of reporting potential sexual harassment, expect trouble. Employees who have to jump through hoops to get their concerns addressed may sue.

Petty slights aren’t grounds for a lawsuit

06/09/2016

Some workers are thin-skinned and seem to think that little annoyances can add up to a discrimination or retaliation lawsuit. Fortunately, that’s not true.

Action and reaction: EEOC floats guidance on retaliation enforcement

05/31/2016

Retaliation claims have risen dramatically in recent years, becoming the most frequently reported basis for discrimination claims.

Court losing patience with baseless lawsuits

05/02/2016

Increasingly, courts have been tossing out cases early on when it’s clear the former employee isn’t sure exactly what she thinks the employer did, but just assumes it was some sort of discrimination.

Halting internal probe pending EEOC action isn’t retaliation

04/28/2016

Employees who simultaneously file an EEOC charge and an internal complaint usually can’t win a retaliation claim just because their internal complaint was put on hold pending the outcome of the EEOC claim.

Beware rewarding employees who testify on your behalf

04/14/2016

Rewarding employee who testified on your behalf can lead to retaliation suit