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Retaliation

‘Mixed-motive’ retaliation case: Who pays attorneys’ fees?

05/01/2013
In some rare cases, employers can win a case in which they disciplined or terminated an employee for illegal reasons. Usually, the employer has to pay the employee’s legal costs. But it’s been an open question whether that’s true in “mixed-motive” retaliation cases. Now the 5th Circuit has clarified that the em­­ployer isn’t on the hook for em­­ployee attorneys’ fees.

Jury awards fired drivers $243,000 for racial harassment

04/30/2013
A federal jury has awarded two former employees of Concord trucking firm A.C. Widenhouse more than $243,000 in compensatory and punitive damages. The EEOC had filed the suit on behalf of two black em­­ployees who complained of pervasive bigotry and harassment at work.

From workers’ comp to part time: Can we reduce employee’s leave benefits?

04/25/2013
Q. We have an employee who was out on workers’ comp and has recently returned to work part time. (She is still collecting partial workers’ comp benefits.) Can we adjust her vacation and personal leave time to reflect the limited hours she’s working, or is she entitled to the full amount of days?

Hasty retirement benefits offer may show retaliation

04/23/2013
Before offering a retirement package that’s contingent on giving up the right to sue, make sure you comply with the Older Workers Benefit Protection Act (OWBPA) requirements. That includes giving the employee time to review the agreement and talk to a lawyer.

Serial complainer cries harassment? Investigate every allegation

04/23/2013
An employee can lose a sexual har­­assment lawsuit and still win on retaliation if she can show she was fired for complaining about harassment. Don’t let that happen to you.

Is 40 really too old to rock?

04/23/2013
A 40-year-old vocal teacher is suing the School of Rock chain of music schools, claiming she was harassed because of her age and wrongfully terminated in retaliation for engaging in protected activities.

Take heart: EEOC doesn’t win every time

04/11/2013
The EEOC sometimes tries to test out new retaliation theories to trip up employers. Its most recent attempt didn’t work.

Crack down on retaliation: Your #1 risk in job-bias lawsuits

04/03/2013
Supervisors in your organization probably know it’s illegal to discriminate based on race, age, sex, religion or disability. But apparently far fewer realize those same federal laws also make it illegal to retaliate against people for voicing complaints about such discrimination.

Complaining to top exec isn’t protected whistle-blowing

04/03/2013
In a case decided the same day as UTSWMC v. Gentilello, MD, the Supreme Court of Texas concluded that complaining to senior leadership about alleged illegal activity doesn’t constitute protected whistle-blowing under the Texas Whistleblower Act.

Know what really counts as whistle-blowing

04/03/2013

Here’s some good news for em­­ployers: According to a recent Supreme Court of Texas decision, workers who complain to their super­­visors about alleged illegal activities aren’t protected from retaliation under the Texas Whistleblower Act. That’s true even if the supervisor is responsible for legal compliance.