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Retaliation

Beware justifying hiring or promotion with criteria that don’t appear in job description

04/30/2012
Here’s a reminder to pass on to everyone involved in the hiring or promotion process: You’re running a huge risk if you deviate from the job announcement’s minimum and preferred qualifications.

Supervisor bias creates employer liability: Never ignore charges that boss used racial epithet

04/24/2012
You’re almost guaranteed a messy lawsuit if you ignore an employee’s complaint that a supervisor used a racial epithet. Courts have ruled that even a single use of the N-word can be enough to create a racially hostile work environment when the speaker is a supervisor.

Harassment + retaliation + defamation = $168 million

04/19/2012
A federal jury in Sacramento unanimously awarded $168 million in damages and lost wages to a physician assistant for various claims lodged against her former employer, Catholic Healthcare West (CHW).

Disability harassment costs Glenview company $70,000

04/19/2012
The Glenview-based Family Video chain has agreed to settle a disability discrimination suit filed by a former employee of a store in New York who suffers from depression and social anxiety disorder.

Firing injured employee? Have legit business reason

04/19/2012

Illinois employees are protected from retaliation for filing workers’ compensation claims. Protection kicks in when a claim is actually filed or when the employer knows the employee was injured and needs medical care. But that doesn’t mean you can’t fire an injured employee for reasons wholly unrelated to the injury.

Stop harassment suits before they start! Follow up with employees after every complaint

04/19/2012
One of the simplest and most effective ways to prevent retaliation lawsuits is to follow up with the employee who complained. Remind her that you won’t tolerate retaliation, and be sure to check back at least once following the investigation.

Employee sounds threatening during hearing? OK to suspend while you investigate

04/05/2012
Generally, employers shouldn’t react to anything an employee says during an EEOC hearing. That’s because you don’t want to face a retaliation complaint for participating in the hearing. However, there are practical limits to what employers have to tolerate.

Is it really whistle-blowing? Not without good faith

03/30/2012

Some employees think that throwing around a few unfounded allegations makes them whistle-blowers. They assume that by reporting what they think is illegal activity, they gain job protection. That’s not always true. If the alleged misconduct isn’t reported in good faith, there’s no protection.

Employee making threats? Know how to legally handle explosive situation

03/28/2012

Some employees are simply difficult to manage. They start arguments and may see harassment or discrimination at every turn. Sometimes they cross a line, implying they could get violent. How you handle their complaints can spell the difference between winning and losing a lawsuit.

EEOC targets last-chance deals that limit employee rights

03/22/2012
The EEOC has won the first round in a legal battle over whether an em­­ployer may ask workers to waive their rights to file future discrimination claims.