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Retaliation

When can an employee’s transfer be considered illegal retaliation?

12/07/2015

To bring a case of retaliation for complaining about discrimination or harassment, employees must show that they suffered some sort of “adverse employment action” in response to their complaint. That’s easy if the employee is demoted, fired or transferred to a less desirable position. But what if the worker experiences more subtle retaliation, like having to do more work or being transferred to a potentially better position that doesn’t pan out?

Employee sends spouse to voice harassment complaint: Is that ‘protected’ activity?

11/24/2015

Employees who complain to HR or management about alleged discrimination or harassment are engaging in protected activity and can’t be punished for complaining. But what if the employee can’t summon the courage to complain and, instead, sends someone else? Is sending a spokesperson to complain also protected activity? A federal court says “yes,” at least when it’s the employee’s spouse who takes action.

Court: Reporting personal theft is ‘protected activity’

11/23/2015
A new California appellate court ruling shows that employees who are terminated for reporting the alleged theft of personal property at work have a right to sue for wrongful termination as a whistle-blower. The report merely has to involve criminal activity. It doesn’t have to be work related or concern a matter of public interest.

LGBT leader resigns, cites retaliation in firings

11/13/2015
The University of Minnesota at Duluth is still reeling from discrimination charges after it failed to renew hockey coach Shannon Miller’s contract. Miller and three of her coaches, all of whom are openly gay, were terminated.

Internal complaint doesn’t equal whistle-blowing

11/12/2015

The Texas Supreme Court has ruled that simply complaining to one’s boss  about allegedly illegal activity is not whistle-blowing protected by the Texas Whistleblower Act. Employees must inform law enforcement.

Alerting boss of job-bias rules is not ‘protected activity’

11/09/2015
The role of an HR professional includes educating management on anti-discrimination laws. Doing so is generally considered doing one’s job and isn’t protected activity.

Dunkin’ Donuts manager: Not so sweet

11/06/2015
A Westchester County, N.Y., Dunkin’ Donuts franchise finds itself in hot oil after a store manager allegedly slapped a female employee who refused his sexual advances.

FLSA doesn’t protect every crabby gripe about pay

10/30/2015
Employers can’t retaliate against workers who complain about alleged Fair Labor Standards Act violations. However, not every complaint about pay is protected.

EEOC sues San Ysidro eatery for same-sex harassment

10/21/2015
Achiote Restaurant in San Ysidro, Ca., faces an EEOC lawsuit after young Mexican men working at the restaurant complained of sexual harassment and retaliation by a male manager.

Government employee’s speech that sounds like insubordination may be protected

10/21/2015
Public employees are entitled to free speech under the Constitution—within limits. For example, the speech must involve matters of public importance. Under the right circumstances, arguing with a supervisor may even be protected.