Retaliation

Paying with 91,500 pennies draws DOL’s attention—and more charges

01/11/2022

A Georgia business owner is being sued for retaliation after delivering a former employee’s final pay in the form of 91,500 oil-covered pennies dumped in the man’s driveway.

Offer paid suspension while you investigate allegations

12/16/2021

When employees are accused of serious misconduct, consider suspending them with pay. It’s a way to keep alleged bad actors from doing further damage while discouraging them from suing for discrimination and retaliation.

Griping about low pay isn’t always protected activity

12/09/2021

Countless federal laws make it illegal for employers to retaliate against employees for engaging in protected activities such as reporting alleged discrimination or unfair labor practices. However, not all employee complaints earn protection against retaliation.

Retaliation by top executive or HR? Prepare to pay up

12/02/2021

Congratulations! A court just said you were not liable for discrimination! Now about that retaliation claim ….

EEOC clarifies what’s pandemic retaliation

11/29/2021

The EEOC has updated its retaliation guidance for the coronavirus pandemic age, releasing a new technical assistance document explaining how to balance employee anti-retaliation rights under the ADA, Title VII and other laws against an employer’s need to enforce covid health and safety protocols.

3 federal agencies team up to stop retaliation

11/18/2021

The U.S. Department of Labor, the EEOC and the National Labor Relations Board are responsible for enforcing most federal anti-discrimination laws affecting workers and the workplace. Concerned with an increase in the number of employee lawsuits accusing employers of retaliation, those three agencies have joined forces to raise awareness about the problem.

DOL lawsuit alleges retaliation for reporting coronavirus concerns

10/19/2021

The U.S. Department of Labor has filed a lawsuit against a luxury car dealer in Texas for terminating an employee who warned managers and co-workers about potential coronavirus hazards in the workplace.

Beware retaliation against activist employees

10/07/2021

Amazon has agreed to settle allegations it retaliated against two former employees who organized demonstrations decrying the retail giant’s environmental impact and helped employees protest working conditions.

Transfer accused harasser, not alleged victim

08/13/2021

When allegations of sexual harassment arise, it’s common sense to separate the alleged harasser and the alleged victim. Do so by transferring the person who has been accused of harassment. Any effort to move the alleged victim is liable to be construed as retaliation for having reported harassment.

Snapshot: What happens to employees who file EEOC bias complaints?

07/20/2021

An analysis of 683,419 discrimination claims filed from 2012 to 2016 found that complaining to the EEOC rarely turns out well for employees.