Retaliation

Discrimination, retaliation alert: Beware bending promotion rules case-by-case

04/01/2015

When it comes to promoting employees, try to make sure everyone has a fair shot at opportunities. And if you ever bend the rules, realize that you may end up having that flexibility used against you if you don’t do the same for others.

Heard that story of unfair treatment before? You might be dealing with a serial retaliator

03/23/2015

Ever felt déjà vu when an employee claimed she was suffering retaliation because of a prior discrimination or harassment complaint? If what the employee describes sounds familiar, watch out. You may have a serial retaliator on your hands, and those earlier incidents may end up being used to prove retaliation has occurred again.

Worker’s crazy email likely won’t cost you in court

03/06/2015

Not every complaint amounts to “protected activity” that shields an employee from retaliation.

Trying to drive out employee can backfire

03/05/2015

Efforts to make life so miserable for an employee that she quits can come back to haunt you. It could be seen as retaliation—even if the employee never quits.

Doesn’t matter that he didn’t put a ring on it! Engagement unnecessary for retaliation

03/03/2015

Back in 2011, the U.S. Supreme Court ruled that an employee who was fired after his fiancé—who worked for the same employer—filed an internal discrimination complaint could sue on his own accord alleging retaliation. The fiancé, the court concluded, was within the “zone of interest” meant to be protected from retaliation under Title VII. The Court held that by firing someone’s significant other, the employer in effect would indirectly punish the complainer. Until now, exactly who would be included in the “zone of interest” was in question.

Whistle-blower can go directly to court after internal review

02/24/2015

An employee who tries to internally report alleged wrongdoing and is then fired can pursue internal remedies—and then go directly to court with her discharge and retaliation claims.

After job-bias complaint, remind managers to keep calm & manage on

02/23/2015

While employees filed fewer charges of job discrimination in 2014 than the year before, one new statistic from the EEOC should make HR and employers stand up and take notice: More than 2 in 5 charges last year allege some form of retaliation against the employee for pursuing the discrimination claim.

Simple transfer could be considered retaliation

02/17/2015

Ordinarily, retaliation requires a so-called adverse employment action, such as discharge or demotion. Lesser actions, such as a lateral transfer, don’t count. That is, unless that transfer carries with it serious consequences—such as a dramatically longer commute.

It could be retaliation: Think twice before forcing transfer that greatly affects commute

02/10/2015

Employees who complain about alleged discrimination, either to their employer or to an agency such as the EEOC, are protected from retaliation. Ordinarily, that requires a so-called adverse employment action like discharge or demotion. Lesser actions, such as a lateral transfer, don’t count.

2 big cases reinforce: Beware adverse action against employees who report wrongdoing

01/26/2015

Two California Court of Appeal districts have significantly expanded employee protection for whistle-blowers. The cases highlight that employees don’t actually have to “blow the whistle” to be protected from retaliation.