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Retaliation

Manager files complaint on behalf of subordinates? That’s protected activity

07/05/2013
Don’t assume that just because a manager is in charge of subordinates and champions their discrimination complaints as part of her job, she isn’t engaged in protected activity. It probably is, and any action you take against her can be the basis for a retaliation lawsuit.

Lab must pay $2.73 million to wrongly fired workers

06/27/2013
A San Francisco jury has awarded $2,729,037 to five former employees of the Lawrence Livermore National Laboratory who alleged wrongful termination and breach of their employment contracts.

Keep all lawsuit settlements confidential!

06/27/2013
Here’s an important warning for employers that end discrimination or harassment lawsuits with settlement agreements that include a confidentiality clause: Keep those terms confidential and accessible only to those who absolutely need to know. Otherwise, you could wind up facing a retaliation lawsuit if word of the settlement leaks out …

Supreme Court sets stricter standard for retaliation

06/27/2013
The Supreme Court on June 24 ruled that employees can only win retaliation lawsuits if they can prove that their employer retaliated solely because of the employee’s protected activity. The 5-4 decision in University of Texas Southwestern Medical Center v. Nassar was another significant victory for employers that should limit liability.

Insist that workers follow internal grievance process

06/26/2013
Do you require employees to use an internal grievance policy when they have a complaint about working conditions? That policy may apply to re­­tal­­i­­ation claims too, even if the em­­ployee has been fired. Failing to use the proc­­ess may cancel the right to sue.

Court: Vague EEOC complaint isn’t protected

06/26/2013
By now, you no doubt understand the dangers of retaliating against someone who has filed an EEOC discrimination complaint. Some workers think all it takes to stop legitimate discipline is to file with the agency. But courts are losing patience with workers who use this tactic.

Workplace romance, by itself, is not illegal

06/07/2013
While workplace romances can cause all kinds of problems, it isn’t necessarily illegal discrimination if a supervisor favors his girlfriend. That’s true even if others feel they are being passed over or otherwise treated poorly because of the affair.

Be prepared to show court that your rules are fair

06/07/2013
Courts want to leave employers in charge of running their organizations. They won’t second-guess the rules you set, as long as they don’t appear illegal or discriminatory—even petty or quirky rules.

Check records before and after harassment claim

06/07/2013
Here’s a tip that could save you thousands in legal bills and penalties: When you are asked to terminate a poor performer who previously complained about harassment, make sure her performance problems didn’t suddenly emerge after the complaint. That could be a clear indication of retaliation.

Dodge bogus retaliation suits by tracking exact date of every discrimination claim

06/03/2013
Here’s an important reminder for anyone who is authorized to receive internal discrimination complaints: Always mark the exact date of every complaint in case the complaint is used later as the basis for an employee’s retaliation claim.