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

Retaliation

As early as possible, address every harassment complaint

05/07/2018
It’s essential to respond promptly to every harassment complaint.

Minor annoyance doesn’t warrant lawsuit

04/30/2018
Few courts want to mediate petty disputes. Judges have more important matters to attend to. Just ask the judge who issued a caustic ruling in this recent case.

Don’t let employee’s whistleblower status dissuade you from legitimate discipline

04/25/2018
To win a retaliation case, the worker would have to prove that the discipline was motivated by a desire to punish him or her for making the report. That’s unlikely to succeed if 1) the discipline began before the safety problem was reported or 2) it is clear that any other worker would have been disciplined for the same rule violation.

Plane truth: JetBlue’s lesson in ‘safety retaliation’

04/19/2018
Make clear to your supervisors that it’s unlawful to punish employees because they raise complaints about customer or worker safety.

Employee fired shortly after filing complaint? Brace yourself for a retaliation lawsuit

04/16/2018
An employee who complains about perceived discrimination may be wrong, but filing a complaint still counts as protected activity. If she files an EEOC complaint or a lawsuit, firing her shortly after she complains is just asking for a retaliation claim.

Keep complete records of complaints to counter last-minute legal claims

03/20/2018

Here’s some good news from the 8th Circuit Court of Appeals: The court, which covers Minnesota employers, turned down a petition to allow an employee to introduce a new discrimination claim that he failed to clearly outline in his original lawsuit.

Think twice before firing safety whistleblower

03/20/2018

Before you discipline or discharge anyone who has filed safety complaints, make sure you have rock-solid reasons for doing so. Otherwise, punishing a safety whistleblower may mean liability for retaliation and punitive damages.

EEOC charges continue seven-year decline

03/13/2018

The EEOC handled 89,385 charges of workplace discrimination in fiscal year 2017, an 8% decline compared to the year before.

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.