Retaliation

Negotiating return to work? Don’t rush firing

03/27/2014

Sometimes, employees end up on unpaid leave after complaining about discrimination. Then the employee’s lawyers try to negotiate a settlement that includes returning to work. If you turn down such terms, make sure you get clarification on whether the worker will return even if you don’t meet her demands.

Court: Less than stellar review isn’t retaliation

03/17/2014

Proving retaliation is often easier than proving the underlying discrimination that was the basis for the original complaint. Still, an ordinary employer action—such as preparing a performance review that’s generally favorable—isn’t retaliation, even if the employee thinks he deserved a better review and more praise.

Cuomo proposes hotline for Albany harassment complaints

03/13/2014

Following a rash of sexual harassment complaints against state legislators, Gov. Andrew M. Cuomo has proposed an independent investigator for complaints against members of New York’s legislative and executive branches.

Long history of misconduct? Document every step of disciplinary process

03/13/2014

When an employee is fired, he or she has nothing to lose by suing you. That’s why you should assume that every employee will do just that and prepare accordingly. That includes making sure you have documented every step of the disciplinary process, providing details and dates.

Prevent payback: Retaliation hits all-time high

03/10/2014

It’s more important than ever to remind supervisors that it’s unlawful to try to “get even” with people (staff or applicants) because they complain about discrimination, either in house or to a government agency. While employee complaints to the EEOC about every type of discrimination declined from 2012 to 2013, only one rose: retaliation.

Employee doesn’t have to be a minority to file a racial harassment complaint

03/07/2014

When nasty racial words are tossed around in a workplace, you may think the target of those words is the only person who can sue for racial harassment. Not true. It’s not necessary for someone to have protected status to complain about harassment or discrimination.

Deadly duo: Harassment followed by retaliation

03/07/2014

When an employee complains about sexual harassment, how you handle it makes a big difference. If you ignore the complaint—or worse, blame the victim and punish her—you’re risking a laundry list of claims under federal and state laws.

Merely transferring employee to same or similar position isn’t grounds for lawsuit

02/28/2014

Sometimes, the most sensible solution to an ongoing employee complaint is to transfer the employee. But some employees may see that as retaliation, especially if the “fresh start” turns out to be a false one. Such a retaliation claim is unlikely to succeed as long as there was no change in title, major job responsibilities, pay and benefits.

Harassment complaint? Terminate with care!

02/26/2014

Good news if you’re worried about firing an employee who has filed a sexual harassment complaint. If your investigation concludes the complaining worker was also partly at fault, he won’t be able to win a wrongful discharge case—unless he can prove that his underlying complaint was a “substantial motivating reason” for his termination.

Ex-Viking claims gay marriage stance cost his job

02/19/2014

Chris Kluwe punted for the Minnesota Vikings for eight seasons before being cut last May. Since then, despite several tryouts with other teams, he has not been able to find work in the National Football League. Kluwe thinks he knows why: his outspoken advocacy for marriage equality.