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Retaliation

Sex harassment, retaliation cost gourmet company $535K

06/16/2011
Monterey Gourmet Foods, a Salinas specialty foods maker, will pay $535,000 to settle an EEOC lawsuit alleging a supervisor sexually har­assed workers, who were fired after they complained.

LAPD pays huge judgment for sexual orientation retaliation

06/16/2011
A state court jury has awarded more than $1 million to a Los Angeles Police Department (LAPD) sergeant who sued the department for retali­a­tion after he complained about shoddy treatment because he is gay.

Follow up after bias complaint to make sure employee isn’t experiencing retaliation

06/16/2011

Taken separately, what a supervisor does or says to an employee who has filed a complaint might not equal retaliation. But if the slights add up, the picture changes. That’s why you should follow up several times with each complaining employee to verify there’s no pattern of retaliation.

Lost the window office? Sorry, that’s not retaliation

06/10/2011
Sometimes, after an employee has filed a discrimination complaint, it seems like anything an employer does is fodder for a retaliation charge. Fortunately, courts don’t always buy it, concluding that minor changes aren’t enough to dissuade a reasonable employee from complaining in the first place.

Can your practices withstand EEOC scrutiny? Use its standards to check hiring bias

06/10/2011
Even one employee’s complaint to the EEOC can launch a massive investigation into your hiring practices. That’s true even if the initial complaint didn’t strictly concern hiring. That’s why you must proactively look for inadvertent discrimination in all your hiring and employment practices. Don’t wait for the agency to come snooping.

Applicant doesn’t have ‘property right’ to job

06/08/2011

Good news for government agencies: People who apply for government work don’t have a property interest in a potential job, even if they make the list of finalists, and others on the list don’t want the job. That’s true even if the hiring committee states it plans to hire someone from the list and then does not.

Aldi warehouse parent company will pay $60,000 for bias

06/07/2011
Eclipse Advantage, Inc.—a transportation, logistics and distribution management company—has agreed to pay $60,000 to settle an EEOC racial harassment and retaliation lawsuit.

How not to handle FMLA leave (Hint: Following the law isn’t optional!)

06/07/2011

Sure, it’s inconvenient when employees need to take FMLA leave. But you can’t tweak FMLA policies just to suit your operational needs. If you try it, prepare to get out your checkbook. Your employee will have a slam-dunk case to bring to court.

Reconsidering decision? Act fast to fix it

06/03/2011
Here’s a tip for employers that make snap decisions and then quickly reconsider: Don’t hesitate to fix the problem; that could convince a court to toss out a lawsuit.

Can you sue for harassment if no one actually harasses you? 5th Circuit opens the door a crack

06/01/2011

Here’s a new worry for employers: More and more employees who aren’t being directly targeted for har­­­­­­­ass­­ment are suing anyway. They claim that the fact that others may be experiencing sexual, racial or other forms of harassment means that they, in ­effect, are also victims. Some of those claims actually succeed.