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Retaliation

Transferring an employee may be retaliation, but merely discussing a transfer isn’t

10/12/2010

Retaliation is anything that would dissuade a reasonable employee from complaining about discrimination in the first place. That’s not to say every little negative thing that happens following a discrimination complaint is retaliation. Take, for example, a transfer to another position or shift.

When push comes to shove, no retaliation unless protected right was violated first

10/07/2010

Employees who complain about alleged discrimination or harassment that violates Title VII or other anti-discrimination laws are protected from retaliation for reporting their allegations. But that doesn’t automatically mean every complaint about workplace problems is protected. If the complaint doesn’t touch on clearly identifiable workplace rights, it’s just a complaint.

Pay cut? Beware constructive discharge claim

10/07/2010

Can an employee you never fired sue you for a discriminatory termination? Oddly enough, yes. Under some circumstances, an employee can quit and claim she was “constructively discharged.” To do so, she has to show conditions at work were intolerable. And now a federal court has concluded that cutting someone’s pay can be an intolerable condition.

Jailhouse sex, alleged pay-back lead to lawsuit in Caldwell

10/04/2010

A former Caldwell County corrections officer has filed a discrimination and whistle-blower lawsuit claiming that she lost her job after telling a supervisor she had seen two co-workers having sex in the county jail. Her lawsuit claims her subsequent demotion and termination were in retaliation for her report.

Irony: Houston Buick dealer faces age bias suit

10/04/2010

A Houston car dealer specializing in selling Buicks—traditionally the General Motors’ brand aimed at older car buyers—is facing an age discrimination and retaliation suit. Mark Theodoridis, Gay Buick GMC’s fleet and credit union manager for 11 years, alleges that he was constantly harassed and discriminated against on the basis of his age.

Don’t leave yourself open to retaliation claims: Enforce work rules equitably for all employees

10/04/2010
Before you decide to throw the book at a difficult employee for breaking a rule, make sure you have enforced it the same way for all similarly situated employees. Otherwise, the employee you’re cracking down on may be able to make a credible claim for discrimination or retaliation.

Put the brakes on out-of-control lawsuits! Stop retaliation before it starts

10/04/2010

Among the many hassles of being sued is the simple fact that once a lawsuit is filed, it’s hard to stop. And if a discrimination case, for example, ends up before a jury, all bets on the outcome are off. While you can’t prevent every possible discrimination complaint, you do have control over cases charging retaliation.

Beware discipline after return from FMLA leave

10/04/2010

Employees are protected against retaliation for taking FMLA leave. Disciplining an employee who has just returned from such leave is risky, especially if you can’t point to anything truly objective as the reason. Attributing a “poor attitude” to returning employees is a bad idea unless you can provide specific examples of actual work deficiencies.

Denied benefits, former detective suspects foul play

09/24/2010

MaryAnne Cosimano thought she would receive lifetime health benefits when she retired from the Union Township Police Department. But shortly after retiring after 25 years as a Union Township dispatcher, police officer and detective, Cosimano learned she wasn’t entitled to the health benefits after all. Now Cosimano is suing the township, alleging gender discrimination and retaliation.

Duquesne Law revisits the lawsuit that wouldn’t die

09/24/2010
Some employee lawsuits just won’t go away. Duquesne Law School in Pittsburgh is still embroiled in litigation it thought had ended three years ago—because a savvy employee has added new claims to an old sex discrimination and sexual harassment lawsuit.