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Retaliation

Employers win Nassar battle, but retaliation war continues

08/20/2013
In June, the U.S. Supreme Court ruled in University of Texas Southwestern Medical Center v. Nassar that, to win a retaliation lawsuit, an employee must show the employer’s intent to retaliate against the employee for exercising Title VII anti-discrimination rights was the “but for” cause of the challenged action, not just a motivating factor. As important a victory as the Nassar ruling was for employers, it’s important to recognize that the retaliation war is ongoing.

Worker doesn’t have to be minority to complain about racial harassment

08/20/2013
Here’s an important reminder that employees don’t have to be black to complain about racial harassment in the workplace and win a large jury award.

Relax! Merely unpleasant working conditions won’t make you a target for bias lawsuits

08/13/2013
Sometimes, work is just plain unpleasant. That’s no reason for employees to sue. Unless the working conditions can be traced to some form of illegal discrimination, the court system won’t intervene.

Have solid reason for termination if employee previously engaged in protected activity

08/07/2013
Employees who file discrimination charges are protected from retaliation; any adverse action an employer takes afterward can be retaliation. The closer in time the two events are, the more likely a retaliation claim will stick. Your only real protection is having a rock-solid reason for your action.

When FMLA leave expires, no need to offer more time off to balance work/life issues

08/07/2013

Despite the FMLA’s protections, supervisors are free to insist on consistent attendance. They can require employees to meet job goals as long as they don’t interfere with their FMLA rights and don’t treat them differently than employees who haven’t exercised their FMLA rights. Simply put, reg­­ular attendance is a reasonable work expectation.

It’s always OK to fire for insubordination

08/07/2013
Some employees just aren’t team players. In some jobs, that doesn’t really matter. But in others, it does—and employers have the right to expect employees to get along with others, including their supervisors. If they can’t or won’t, it’s perfectly legal to terminate for insubordination.

Document stressful work conditions to defend against retaliation claim

08/05/2013

Some jobs are inherently more stressful than others and some positions require careful supervision. Employees with such jobs may feel anxious and under constant scrutiny. That can be an unexpected benefit should an employee claim some form of harassment based on sex, race, disability or other protected membership.

Use documentation to show insubordination

08/01/2013

Some employees will never be happy and seem to do everything possible to interfere with a normal, well-functioning workplace. When that’s the case, don’t hesi­­tate to terminate the disruptive worker. Just make sure you document her shortcomings.

Consistent equal treatment trumps most retaliation claims

07/30/2013
Make sure you evenly apply your leave policies to all employees.

College complaint alleges bizarre pattern of retaliation

07/26/2013
The former public safety director at Harrisburg Area Community College has filed a complaint alleging he suffered retaliation after he engaged in protected whistle-blowing activity. The director is still employed at the college, but has been stripped of his duties, computer and vehicle, and now sits in an empty office with nothing to do.