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Retaliation

Can you pass the constructive discharge test? Beware lawsuits from employees who quit

10/26/2010
Some supervisors wrongly assume that employees who quit can’t sue because they weren’t fired. That’s not true. An employee who finds conditions so intolerable that he or she has no choice but to quit can sue and allege termination. Fortunately, courts expect employees to have relatively thick skins. Workplaces will never be perfect and courts don’t expect them to be.

Sudden discipline problems? Check for retaliation by boss

10/25/2010

Some supervisors get angry when an employee complains about alleged discrimination. Then they may look for an excuse to discipline the employee. Watch for such sudden complaints of “poor performance.” If the worker was formerly a good employee and now suddenly is not, you may be staring down a sudden outbreak of retaliation.

Bay Area worker files sexual orientation harassment suit

10/15/2010
A former clerical worker is suing a San Francisco Bay Area-based trucking company, claiming he was harassed and subsequently fired for asking about medical benefits for his same-sex partner.

Sending Form 1099 to IRS doesn’t amount to retaliation

10/15/2010

Sometimes, settling a discrimination complaint may mean paying the employee several thousand dollars. That payment may or may not be taxable. Employers often send a 1099 miscellaneous income form to the IRS. Some employees think this is a deliberate effort to alert the IRS to their miscellaneous income and amounts to retaliation. Courts disagree.

High Court rejects university boss’s reverse-bias claim

10/15/2010
The Minnesota Supreme Court has rejected a retaliation lawsuit that alleged reverse discrimination at Capella University, the nationwide online institution of higher learning based in Minneapolis.

Don’t fear retaliation claim if job changes are minor

10/13/2010

Employees who sue claiming discrimination have to show they endured some sort of adverse employment action, such as a demotion or termination. But what about changes in assignments, such as a new sales territory?

Make sure managers know laws against employee discrimination

10/12/2010

Last year, U.S. employees filed the second highest number of EEOC complaints claiming they suffered discrimination at work. You know that U.S. anti-discrimination laws require treating all applicants and employees equally. But do your organization’s supervisors understand the relevant laws? Pass along this primer on federal anti-bias laws to make sure your compliance efforts start right on the front line.

Casual question about bias isn’t protected activity

10/12/2010
Can a simple inquiry about discrimination become the basis for a lawsuit? No, according to the 11th Circuit.

Handle firing with care if employee has complained about alleged corporate wrongdoing

10/12/2010

Employers that want to terminate employees who have complained about pressure to engage in criminal activity must make sure the termination process is flawless. It’s especially important to be able to articulate in very concrete terms an underlying, legitimate reason for the firing—one that can’t be mistaken as a pretext for getting rid of a troublemaker.

Federal court makes it tougher for employees to prove retaliation

10/12/2010

Federal courts often use the well-known McDonnell Douglas burden-shifting test to determine whether an employer has unlawfully discriminated against an employee. Now the 7th Circuit Court of Appeals has ruled that when it considers an Illinois workers’ compensation retaliation claim, it must apply an Illinois state law rule that is more demanding for employees than the McDonnell Douglas test.