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Retaliation

Don’t punish advocacy for co-worker’s FMLA rights

01/09/2013
Remind supervisors: It’s illegal to retaliate against an employee who advocates on behalf of a co-worker’s right to FMLA leave and reinstatement.

Employees’ work is dull and uninspiring? Sorry, that’s not grounds for a lawsuit

01/03/2013
Most people want to do meaningful, satisfying work. But many jobs are just routine, boring and not particularly inspiring. Employers have no obligation to provide a perfectly harmonious workplace in which everyone is satisfied and fulfilled.

Asking for workers’ comp isn’t ADA-protected

12/19/2012
The ADA protects disabled em­­ployees from retaliation for claiming their right to accommodation and freedom from discrimination. But it’s sometimes tough to prove disability under the ADA, requiring a fairly serious medical condition.

Doubt disability? Simple accommodations are best bet

12/12/2012
If an employee claims she’s disabled and needs just a few accommodations to do her job, it may be wise to make them—even if you aren’t convinced she’s really disabled. That way, she can’t accuse you of failing to engage in the interactive accommodations process.

Stop litigious employees’ amateur sleuthing! Set policies to ban unauthorized recordings

12/12/2012
Surreptitiously gathering evidence in violation of your rules isn’t protected activity and can’t be the basis for an employee’s subsequent retaliation lawsuit.

Track FMLA return history to show you don’t retaliate

12/05/2012

Track every employee’s use of FMLA leave and what happens when he returns to work. Why? If you happen to terminate the employee shortly after he returns from approved FMLA leave, he may claim retaliation.

Common-sense court decision: Promotion isn’t adverse employment action

12/05/2012

Retaliation for filing an EEOC or other complaint is anything that would dissuade a reasonable employee from complaining in the first place. But what if the employer does something that most reasonable people would consider favorable?

Selma, DOJ settles firefighter’s retaliation suit

12/03/2012
The U.S. Department of Justice has reached a settlement with the city of Selma, ending a lawsuit that alleged violations of Title VII of the Civil Rights Act.

Employee complains to TCHR? OK to end internal grievance

12/03/2012
Many employers have in­­ternal grievance procedures for em­­ployees who feel they have been discriminated against. But what if, while the complaint is pending, the employee files a complaint with the Texas Com­­mis­­sion on Human Rights?

No obligation to create indefinite light-duty job

12/03/2012
You don’t have to create permanent light-duty work for injured workers, as the following case shows.