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Retaliation

Snapshot: Retaliation still rising as most common EEOC charge

03/23/2021
For more than 10 years, retaliation has been the most common EEOC charge, now included in more than half of all complaints filed.

Prepare for the onslaught of COVID ‘tag-along’ claims

03/18/2021
A former manager at a New York ice cream shop filed a lawsuit alleging that he was fired in retaliation for speaking up about instances of sexual harassment and unsafe COVID-19 workplace protocols at the company. The “and” is vitally important.

Firing after FMLA leave: How soon is ‘too soon’ to trigger retaliation?

03/18/2021
When it comes to the FMLA, courts will always pull out their calendars to see how closely the employee’s protected activity (requesting or taking FMLA leave) coincides with the adverse action handed down by the employer (discipline, termination, etc.). The smaller the time, the bigger your risk of losing an FMLA-retaliation lawsuit.

OSHA plans targeted covid-19 inspections

03/18/2021
Anew OSHA national emphasis program seeks to reduce the threat of coronavirus exposure at work by targeting enforcement inspections at employers that put the largest number of workers at serious risk of becoming infected.

Beware NLRB lawsuits that allege worker retaliation

12/17/2020
The EEOC isn’t the only enforcement agency that can file a retaliation lawsuit. The National Labor Relations Board can, too. Even employers with nonunion workforces may find themselves in the NLRB’s crosshairs if they bar discussing working conditions.

Leave & accommodation are top reasons for COVID suits

10/15/2020
A new analysis of all COVID-based employment lawsuits found the most popular claims are related to employee leave and disability accommodations, followed by retaliation/whistleblower suits.

As pandemic spreads, so do lawsuits: 3 cases to watch

07/30/2020
Because of the coronavirus pandemic, the chances that your organization will be hit with a lawsuit have risen sharply. There are already hundreds of covid-19 and coronavirus-related lawsuits percolating through state and federal courts.

How to discipline despite ‘protected’ activity

07/02/2020
Employees who know they are about to be disciplined sometimes think the best defense is going on offense, filing internal discrimination, harassment or whistleblower complaints. If you follow your usual disciplinary rules, treat the employee just like other similarly situated workers and keep detailed, dated records, it’s unlikely a court will find retaliation.

Coming to a court near you: covid-19 lawsuits

05/27/2020
In just a few weeks, dozens of federal lawsuits have been filed alleging some workplace wrong related to the coronavirus or covid-19.

As you reopen and workers return, beware the whistleblower

05/19/2020
At least three laws protect whistleblowers from retaliation, and could give rise to employer liability in the event of a termination or other adverse action on the heels of complaints (or other protected activity).