Retaliation

Not all unwanted touching is harassment

07/12/2018

Workers who sue for harassment must still provide evidence that the motivation for the touching was somehow related to sex and not just part of a pattern of nonsexual touching meted out to everyone, male, female, heterosexual or gay.

Public-policy exception means at-will status doesn’t always apply

07/10/2018

A federal court interpreting Pennsylvania law has concluded that firing a worker for calling in a complaint to OSHA provides protection under the public-policy exception.

Beware retaliation against workers who testify

06/27/2018

Employees who testify on behalf of co-workers before the EEOC or in subsequent litigation are protected from retaliation. Be careful about how you treat employees following that kind of cooperation.

OSHA ain’t just blowing smoke on whistleblowing

06/26/2018

The U.S. Department of Labor’s Occupational Safety and Health Administration has ordered Chino, California-based Mr. Good Vape to reinstate a manager who reported alleged violations of federal safety laws in its production process.

Accommodation requires employee’s good faith

06/21/2018

An employee who makes a request for an ADA reasonable accommodation and is punished for doing so may have a retaliation claim. But she has to actually believe in good faith that the accommodation she is requesting will work.

It’s all fun and games until joking about injuries leads to an FMLA violation

06/14/2018

While adverse actions such as termination are classic examples of retaliation and dissuasion, other acts may also make the cut. For example, a concerted campaign to make fun of or humiliate someone who takes FMLA leave may also violate the law.

Always consult attorney before terminating employee who filed whistleblower complaint

05/30/2018

Internally reporting illegal activity may amount to whistleblowing and may protect the worker from discharge, even if the employer has seemingly legitimate reasons for otherwise firing the worker. That’s one good reason to consult your attorney before terminating a worker who may be a whistleblower.

$8 million award prompts Chipotle to settle

05/24/2018

The verdict grabbed the attention of company executives: The Chipotle restaurant chain quickly tendered a settlement offer when a California jury awarded almost $8 million to a former manager.

In the clear on sexual harassment charges, but still on the hook for supervisor retaliation

05/09/2018

It’s true your organization may not be liable for co-worker harassment if the harassed employee knew how to report harassment but failed to use the system. However, there can still be consequences if a supervisor retaliates against an employee who complained or threatened to complain but didn’t actually report the harassment.

Keep some records from HR decision-makers