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Whistleblower retaliation case also on Supreme Court’s docket

The U.S. Supreme Court will decide what the proper standard is for proving retaliation in a Sarbanes-Oxley Act whistleblower case. Depending on the outcome, what employers must show to support disciplinary action against a whistleblower could change.

Check for possible retaliation before approving discipline

Before approving a termination, always review the case details. Be on the lookout for signs that the action might be motivated by a supervisor’s attempt to retaliate against the employee.

No retaliation ever for invoking FMLA rights—even if employee may be ineligible

The 6th Circuit revived the FMLA retaliation claim of an attorney fired immediately after she requested unpaid leave to care for her two-year-old child at the start of the COVID-19 pandemic.

OK to discipline worker who filed complaint

Make sure your organization’s supervisors understand that it’s perfectly legal to impose legitimate discipline on an employee who has filed a harassment or discrimination complaint.

New York state will bar retaliation against workers who take legally protected time off

The law appears to focus on “points-based” attendance, in which employers impose points, or demerits, on employees for absences, often without regard for the reason for the absence—including medical reasons, which can be protected under the FMLA and other laws.

Court revives claim of HR manager

A week after an HR manager testified in a lawsuit against a former employer, she was fired. The HR manager then sued the employer who fired her for unlawful retaliation, a violation of Title VII.

Employer must pay whistleblower $22 million

Don’t shoot the messenger! That’s the lesson the Occupational Safety and Health Administration taught employer Wells Fargo in a recent whistleblower retaliation case. Wells Fargo has been ordered to pay $22 million to an internal whistleblower who raised concerns that the bank may have been engaged in illegal practices.

Sexual harassment and retaliation at funeral home

A mortuary will pay $135,000 to settle a sexual harassment and retaliation lawsuit. The EEOC sued on behalf of female employees who alleged the owner made crude sexual comments.

EEOC sues Red Robin for sexual harassment and retaliation

Red Robin International, Inc. violated federal law when it allowed a male line cook to sexually harass female employees despite repeated notice of such unlawful behavior and retaliated against them for complaining.

Replace supervisor to prevent retaliation

You can stop a harassment case from escalating into a retaliation lawsuit with one simple tactic. Replace the supervisor who allegedly harassed the complaining subordinate and don’t let him or her know anything about the prior complaint.