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Retaliation

Beware retaliation long after bias complaint

04/25/2011

Think retaliation won’t be a problem because plenty of time has passed since an employee complained about alleged discrimination? Think again! Always be on the lookout for possible retaliation, no matter how long it has been since the initial complaint.

Supreme Court’s big retaliation ruling already a factor

04/19/2011
When the U.S. Supreme Court speaks, employers better listen! The ink was barely dry on the High Court’s retaliation decision in Thompson v. North American Stainless when a federal judge considering a Florida case expanded the opinion’s reach.

How not to handle FMLA leave: Bank learns the hard way that following the law isn’t optional

04/15/2011

Some employers believe that pregnant women aren’t entitled to time off for pregnancy-related matters because pregnant women aren’t disabled or unable to perform their jobs. That’s wrong and can land employers in big trouble. The fact is that prenatal visits and even bouts of nausea are the sorts of things that Congress considered when covering pregnancy under the FMLA.

Employee complained about discrimination? That doesn’t excuse shoddy or dangerous work

04/15/2011

Employees who file EEOC or other complaints about discrimination are protected from retaliation for doing so. But that doesn’t mean employers aren’t allowed to discipline employees who have complained—if the situation legitimately calls for discipline. You must, however, be very careful to document the underlying reasons.

2011’s biggest wage-and-hour issues–and what to do about them

04/06/2011

This year is shaping up to be a tough one for organizations worried about employment law issues. So far, the U.S. Supreme Court has decided three big employment law cases—and every time, ruled in favor of employees. The latest expanded employer retaliation liability under the FLSA. But that’s not this year’s only press­ing wage-and-hour problem. Pay atten­tion to these other issues:

Don’t ignore lawsuit! It won’t go away

04/06/2011

Pass along this reminder to supervisors: Any legal documents they receive must be forwarded right away to HR and your attorney. Other­wise, you could miss important deadlines. Worse, you could automatically lose the case, even if it has little merit.

Be prepared to root out hidden harassment: EEOC files a whopper against Burger King

04/06/2011
When a former Burger King employee complained to the EEOC that she had been sex­ually harassed at one of the chain’s restaurants in Glens Falls, N.Y., the EEOC sprang into action. As part of its efforts to stop sexual harassment against teenage employees, the agency began looking at more than 350 Burger King restaurants in 16 states. The agency eventually sued.

Former Historical Commission worker files bias suit

04/06/2011
A white woman who once worked for the Texas Historical Commission has filed a lawsuit claiming the commission discriminated against her on the basis of race, gender, age and in retaliation for making a complaint.

You can fire worker out on FMLA leave–just show legitimate work-related reason

04/06/2011

Some employees believe that applying for or taking FMLA leave insulates them from legitimate punishment. They think, “You can’t discipline me because I just took FMLA leave; that would be retaliation.” That just isn’t true.

Supreme Court: Oral complaints have retaliation protection, too

04/06/2011
Employees are three-for-three in employment law cases argued before the U.S. Supreme Court this term, now that the Justices have decided that an employee doesn’t have to complain in writing in order to be protected from employer retaliation.