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Retaliation

‘Boys will be boys’ won’t excuse harassment

05/16/2008
A group of black construction workers filed a race discrimination and retaliation claim with the EEOC. They complained of racist graffiti, demeaning language and their tools being stolen. The employer tried to shrug it off, basically arguing that construction sites are by nature crude and mean-spirited workplaces …

‘Association discrimination’: A new frontier for HR?

05/15/2008
You know it’s illegal under Title VII to discriminate against employees based on their race, sex, age and other protected characteristics. But a smattering of new court cases seem to expand that protection further—and create a new employment-law risk …

Plan to pick up slack when FMLA leave cuts worker output

05/14/2008
For better or worse, intermittent FMLA leave sometimes has the effect of turning a full-time job into a de facto part-time one. That means an employee taking intermittent leave probably won’t get everything done. it’s up to the employer to figure out how to fill the gap …

Warn managers: Personal problems aren’t ‘Distractions’

05/13/2008
Some lawsuits are based on just a few careless comments from a supervisor. That’s especially true in cases involving employees who take time off under the FMLA. Managers who refer to these problems as “distractions” and comment on their impact on the workplace are inviting employees to sue …

Petty slights and ostracism don’t add up to retaliation

05/13/2008
Sometimes, it seems as if every employee who ever filed a complaint about real or imagined discrimination follows up with a retaliation lawsuit. Ever since the U.S. Supreme Court loosened the requirements for proving retaliation, lawyers have had a field day. At least the 8th Circuit Court of Appeals has begun reining in these lawsuits …

Be alert for retaliation after employee reports wrongdoing

05/13/2008
The Minnesota Whistleblower Act (MWA) is designed to protect Minnesota employees who are punished for reporting company practices they believe are illegal. It’s not HR’s job to determine whether anything illegal occurred. However, when an employee has blown the whistle on a company practice, HR must make sure any future discipline is warranted and not driven by an ulterior motive …

Track all discipline so you can show harsh punishment wasn’t retaliation

05/12/2008
The easiest way for an employee to win a discrimination lawsuit is to complain about discrimination and then sit back and wait for a supervisor or manager to retaliate. That’s why it’s so important for HR to keep track of discrimination complaints and disciplinary actions …

Don’t consider pending lawsuits when making hiring decisions

05/09/2008
Don’t bar former employees who have sued the company from applying and being hired for new jobs. Doing so almost certainly invites a retaliation lawsuit—one that courts are likely to find in favor of the former employee.

Beware: ‘Association discrimination’ is new HR worry

05/07/2008
You know it’s illegal to retaliate against an employee who has engaged in so-called “protected activity,” such as filing a discrimination complaint. Now the 2nd Circuit Court of Appeals has taken the concept one step further …

Don’t think ‘Contractor’ status shields you from retaliation

05/07/2008
Beware: When it comes to judging Title VII and retaliation claims, courts may treat as employees many of the individuals you consider independent contractors. That’s true even if they are licensed professionals—such as physicians—working at your facility …