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.

Don’t blacklist worker who quits after complaining

06/01/2011

Management may breathe a sigh of relief if an employee quits after alleging some form of harassment or discrimination and then doesn’t march to the nearest courthouse right away. But before they thank their lucky stars, consider this: The former employee may show up years later, looking for a job—and a retaliation lawsuit.

Prevent retaliation claims by maintaining confidentiality of bias, harassment complaints

05/27/2011

It’s tough to pin retaliation on a supervisor who never knew about an employee’s original complaint. That’s why it makes sense to limit access to information about employee complaints. For example, there’s no need to share an employee’s discrimination complaint with her supervisor if it doesn’t involve that supervisor or department.

Allegheny Port Authority says race charges were trumped up