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Retaliation

Remind supervisors: Absolutely no comments about employee’s pending EEOC complaint

09/26/2012
There are some words that should never come from a supervisor’s mouth—including any statement that would seem to encourage an employee to drop an EEOC complaint. That just about guarantees that a retaliation or interference lawsuit will go to trial should anything adverse (like a discharge or demotion) happen to the employee to whom the supervisor was speaking.

Desperate housewife loses one claim, wins one

09/21/2012
Nicollette Sheridan, an original cast member of TV’s “Desperate Housewives” series, has won a partial victory in her lawsuit over Touchstone Television Productions’ decision to kill off her character.

It’s all hilarious … until someone sues

09/21/2012
You know the gags: Post-it notes labeling everything in Greg’s cubicle. Duct-taping Stacey’s office door. Photoshopping Dave’s picture on a photo of a Sumo wrestler. But what should you do when the jokes go too far?

Thorough investigation makes discipline stick

09/17/2012

If you really agonize over termination decisions, here’s a reason to relax a little. Firing someone for wrong-doing doesn’t require you to be absolutely right about what happened. As long as you conduct a reasonable investigation and make the decision based on the facts as you understand them, a court won’t second-guess you.

6th Circuit weighs in: What makes a bias complaint protected?

09/13/2012
Employees who complain about alleged discrimination are protected from punishment under the so-called opposition clause of Title VII. Not every vague allegation, however, amounts to opposition.

Worker broke no-violence rule? That’s grounds for discharge

09/13/2012
As long as you treat all employees equally, courts won’t second-guess your decision to fire someone for ­violating an anti-violence policy.

If your new hire can’t physically perform the job, feel free to terminate

09/13/2012
Sometimes, a female applicant believes that she has the skills and ability to do a very strenuous job even if she hasn’t tried before. Go ahead and give her a chance, knowing that if it doesn’t work out, you can terminate her. Just make sure you document everything.

HR suspects discrimination? Lawsuit just got stronger

09/10/2012
An employee must levy very specific allegations for a bias complaint to become protected activity—unless HR already suspects discrimination.

Follow up with harassed employee to check for retaliation–and prevent future lawsuits

09/10/2012
When an employee complains about sexual harassment, protect yourself against a later retaliation lawsuit by following up with her. Your goal: To get her on record as experiencing no backlash, thus making it harder to sue for retaliation.

Suggesting ways to improve isn’t discrimination

09/10/2012
Some employees are hypersensitive to any criticism, even if it is constructive. That won’t turn a weak discrimination lawsuit into a winner. For example, if the employee receives a largely positive performance review that lists some areas in need of improvement, chances are the court will toss the case fast.