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Retaliation

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.

HR pros gain broad Title VII protection

06/17/2021
A recent federal appeals court decision may be good news for HR pros and bad news for employers that think they can get away with retaliation if they try to quash discrimination investigations.

Lawsuit claims retaliation for raising coronavirus concerns

06/10/2021
The U.S. Department of Labor is suing a New York City community health center and its CEO after they suspended and later fired an employee who reported coronavirus-related safety hazards.

Snapshot: Retaliation still rising as most common EEOC charge

03/23/2021
For more than 10 years, retaliation has been the most common EEOC charge, now included in more than half of all complaints filed.

Prepare for the onslaught of COVID ‘tag-along’ claims

03/18/2021
A former manager at a New York ice cream shop filed a lawsuit alleging that he was fired in retaliation for speaking up about instances of sexual harassment and unsafe COVID-19 workplace protocols at the company. The “and” is vitally important.

Firing after FMLA leave: How soon is ‘too soon’ to trigger retaliation?

03/18/2021
When it comes to the FMLA, courts will always pull out their calendars to see how closely the employee’s protected activity (requesting or taking FMLA leave) coincides with the adverse action handed down by the employer (discipline, termination, etc.). The smaller the time, the bigger your risk of losing an FMLA-retaliation lawsuit.

OSHA plans targeted covid-19 inspections

03/18/2021
Anew OSHA national emphasis program seeks to reduce the threat of coronavirus exposure at work by targeting enforcement inspections at employers that put the largest number of workers at serious risk of becoming infected.

Beware NLRB lawsuits that allege worker retaliation

12/17/2020
The EEOC isn’t the only enforcement agency that can file a retaliation lawsuit. The National Labor Relations Board can, too. Even employers with nonunion workforces may find themselves in the NLRB’s crosshairs if they bar discussing working conditions.

Leave & accommodation are top reasons for COVID suits

10/15/2020
A new analysis of all COVID-based employment lawsuits found the most popular claims are related to employee leave and disability accommodations, followed by retaliation/whistleblower suits.