• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Retaliation

Tell bosses: Work sexual harassment rules apply to other business relationships, too

07/17/2009

Warn your supervisors and managers: If they sexually harass business associates who aren’t your employees, those associates can sue for sexual harassment, too. The harassment has to meet the same standards as in the employment setting.

Use ‘fresh-start’ policy to cut retaliation risk

07/17/2009

It often makes sense to give a fresh start to a poorly performing employee who has been complaining about discrimination. Place her in another position with a new supervisor, new co-workers and a clean disciplinary record. Then if her workplace problems persist, you can terminate her without worrying about retaliation claims.

HR CSI: How to conduct a post-mortem of a legal claim

07/14/2009

If you’ve ever been caught up in an employment lawsuit, chances are you couldn’t wait for it to be over. Yet every case presents a valuable opportunity to prevent future problems and improve HR effectiveness by conducting an “autopsy” of the claim.

Institute strict ‘no race talk’ policy to help minimize harassment claims

07/13/2009

For years, employers have grappled with what constitutes a hostile work environment and what does not. There’s a way to end pointless arguments about whether speech or conduct is racially offensive—and prevent potential problems down the line. Implement a policy that clearly bans race banter.

Beware unintended consequence of staff realignments: More retaliation suits

07/13/2009

Many employers are trying to do more with less these days, and that often means moving staff into new roles. Not every employee embraces that kind of change. Some might even see a transfer as some kind of retaliation, especially if they have recently complained about discrimination. Fortunately, courts seldom consider reassignments as adverse employment actions.

Cover retaliation in all supervisory training

07/13/2009

Punishing an employee for complaining about discrimination is retaliation even if it turns out that whatever the employee was complaining about wasn’t discrimination. That’s why you should include information on avoiding any form of retaliation in all your training programs.

Transfer to slower-climbing position can equal retaliation

07/08/2009

Be careful if you transfer an employee who filed a discrimination complaint to another position. Even if the new job provides the same benefits and pay, it may look like retaliation if the position comes with fewer advancement opportunities.

Texas law school professor alleges age and gender bias

07/08/2009

Rosanne Piatt, an instructor at St. Mary’s University School of Law, recently filed a charge of discrimination with the EEOC and the Texas Workforce Commission Civil Rights Division. She claims the university discriminated against her on the basis of her age and gender.

Warn bosses: ‘Getting even’ can be retaliation

07/08/2009

It’s natural for supervisors and managers to become upset when employees accuse them of some form of discrimination. Tell them they must resist the impulse to strike back. It inevitably makes the situation worse. Many forms of managerial punishment may end up being construed as retaliation—which can be far easier to prove than the alleged discrimination that started all the trouble.

Acting against worker who has already complained? Have someone new make decision

07/08/2009

Employers have faced more retaliation claims ever since the U.S. Supreme Court made such cases easier to win by ruling that retaliation is an action that “might have dissuaded a reasonable worker from making or supporting a charge of discrimination.” While the federal courts have placed some limits on what constitutes a retaliatory act, they continue to struggle with the question.