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Retaliation

Short ADA accommodations delay no problem

03/13/2018

Coming up with an accommodation isn’t always easy. It’s OK to temporarily assign the worker to different tasks or another department while you figure it out.

Personal liability for rehiring harasser

03/13/2018

Here’s an important message for employers that may be considering rehiring someone who was fired after being accused of sexual harassment: There could be severe consequences, including, under Pennsylvania law, potential personal liability for the individual responsible for the rehiring decision.

Dodd-Frank whistleblowers must report concerns to SEC

02/27/2018

To claim whistleblower protection under the Dodd-Frank Act, financial services workers must have filed complaints with the federal Securities and Exchange Commission. So ruled a unanimous U.S. Supreme Court on Feb. 21.

Beware retaliation if worker has been involved in government inquiry

02/21/2018

In order for an employee to claim he or she suffered retaliation, some form of protected activity has to have occurred to precipitate the unlawful punishment. What constitutes protected activity depends on the specific law under which the employee claims protection. It’s not enough to merely complain about working conditions.

No slack for employees who take FMLA, then get caught breaking your rules

02/20/2018

Employees who take FMLA leave are not immune to discipline discovered while they are out on FMLA leave or after they return to work.

Requesting religious accommodation isn’t protected, but that doesn’t kill lawsuit

02/14/2018

Employees who engage in so-called protected activity under Title VII cannot be retaliated against for doing so. But the definition of protected activity is narrow.

Work romance ends? Separate the former lovers

02/14/2018

When a sexual relationship between a supervisor and a subordinate ends, there’s likely to be trouble in the workplace. If the subordinate is complaining about how her former lover is treating her at work, the only safe course of action is to remove the supervisor entirely.

Make your complaint process retaliation-proof by limiting access

02/07/2018

Access to internal complaints should be on an as-needed basis. Restricting access to those files limits the number of staff members who can be accused of retaliation.

Guard against retaliation any time employee makes internal complaint about pay

01/31/2018

When a worker complains about being underpaid, that may be protected activity and punishing the worker for complaining may be retaliation. Advice: Take all compensation complaints seriously. Make sure supervisors don’t retaliate.

Beware retaliation following bias complaint

01/26/2018

When a worker claims she experienced sexual harassment and sex discrimination, how you handle it may determine if you will eventually face a lawsuit. Any hint that the employee was punished for coming forward will probably result in litigation.