Retaliation

Beware excessive monitoring of employees who raise discrimination concerns

10/09/2012

Everyone knows it’s retaliation to demote or fire an employee after he complains about discrimination or cooperates in an investigation. But what about less drastic actions? They might be retaliation, too, under the right circumstances. That can even include excessive monitoring after the employee has complained.

OSHA pops Champagne Demolition for retaliation

10/09/2012

Champagne Demolition in Albany faces an OSHA lawsuit claiming that it illegally fired an employee for reporting improper asbestos removal practices at a company worksite.

Good-faith complaint required for retaliation to be possible

10/05/2012

Employees who complain about alleged discrimination are protected from retaliation—up to a point. Frivolous complaints don’t count.

Employee wouldn’t dance to Bojangle’s manager’s tune

10/02/2012

A Greensboro-area Bojangle’s restaurant has agreed to pay $33,426 to a former female employee after she was harassed, retaliated against and fired for refusing her manager’s advances.

EEOC cracks down on owner at Lexington’s Silver Diner

10/02/2012

Lexington’s Silver Diner faces an EEOC lawsuit alleging sexual harassment and retaliation against a former employee.

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.