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Retaliation

Failure to interview for promotion can be retaliation

09/24/2010
Employees who complain about alleged discrimination and experience retaliation can sue even if it turns out they don’t have a valid discrimination case. And almost anything that would dissuade someone from complaining in the first place is retaliation.

EEOC looks at last-chance agreements barring lawsuits

09/16/2010

Steven Whitlow, an employee at a Cognis plant in Kankakee, signed a last-chance agreement that forfeited his right to file charges against Cognis with any civil rights commission or government authority. Later, Whitlow rescinded his agreement, stating that he did not want to waive his civil rights. When Cognis terminated him, he filed a complaint with the EEOC.

New laws for a new year: Illinois employers face new credit check, wage payment requirements

09/16/2010

The Illinois General Assembly has been busy, passing legislation that HR professionals need to know about. Specifically: the Employee Credit Privacy Act, which prohibits many Illinois employers from basing hiring, promotion and other employment decisions on the credit histories of employees and job applicants, and the Wage Payment and Collection Act, which protects employees who have not been paid all their wages.

You can insist on investigation confidentiality

09/10/2010

Make it a policy to keep it confidential when conducting internal investigations into discrimination or harassment. That way, rumors and exaggerated claims won’t influence other employees who haven’t yet told investigators their side of the story. Employers that terminate employees for violating that confidentiality needn’t worry that doing so is retaliation, at least according to a recent 11th Circuit decision.

Punishing for accommodation request may be retaliation

09/08/2010
An employee who requests accommodations can sue for retaliation if he can show that his employer punished him for making the request.

Minor annoyances aren’t retaliation, even after employee has lodged complaints

09/08/2010

Some employees are under the mistaken impression that if they complain about anything bad that happens at work, their employer can’t do anything to them, no matter what the circumstances. They think that anything negative the employer does after they complain must be retaliation. Fortunately, that’s not true.

When employee complains of bias or harassment, beware acting in ways that look like retaliation

09/08/2010
An employee who files an EEOC or internal complaint about alleged discrimination or harassment might quite naturally be nervous that her action will result in adverse consequences. That’s why employers have to be certain that any discipline, demotion or changes in working conditions can be justified for valid business reasons before they are implemented.

Check for good faith if ‘whistle-blower’ sues

09/08/2010
The Texas Whistleblower Act creates a presumption that anyone terminated or otherwise disciplined within 90 days of whistle-blowing was punished for reporting the violation. That’s why whistle-blowing can look like an attractive safeguard for an employee who is already facing potential discipline. Fortunately, the employee has to make a good-faith report before the law’s protection kicks in.

Woman who wasn’t pregnant wins pregnancy bias settlement

09/03/2010

A Cincinnati Pizza Hut franchisee, the Twins Group, has settled a pregnancy discrimination lawsuit that alleged the company illegally inquired about a female employee’s health, shared her confidential medical information with co-workers, reduced her hours and ultimately terminated her because she was pregnant. One of several problems: She wasn’t pregnant.

Close scrutiny after FMLA leave can spell trouble

09/03/2010

Be careful how supervisors treat employees returning from FMLA leave. Otherwise you could face an interference or retaliation lawsuit. Bosses must treat a returning employee the same way she was treated before she went out on leave. Any sudden, increased scrutiny spells trouble.