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  • HR Specialist: Employment Law
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Move affecting income might be retaliation


If an employer action affecting a worker’s pocketbook would make a reasonable employee think twice about filing a discrimination complaint, a court is likely to consider the merits of a retaliation lawsuit. 

Supreme Court 2017–18: Employment law cases on the docket


This year’s Supreme Court docket covers several timely employment law issues. As the last word on important legal issues, Supreme Court decisions usually offer important compliance lessons.

Locked out of the office: Is that retaliation—or should she have knocked on the door?


An employee’s mere suspicion about possible reprisal, based on seemingly minor supervisory actions, won’t persuade a court that retaliation occurred. Instead, workers are expected to take a bit of initiative.

Document business reasons for staffing moves


Document the timing and explanation for all employment actions. It’s hard for employees to win lawsuits over transfers, demotions or discharges when the employer has records showing objective business reasons for the move.

Disciplining whistleblower? Beware retaliation charge


If a supervisor receives a whistleblower complaint from a subordinate, make sure he or she has no decision-making role in any subsequent discipline against the whistleblower.

Beware Texas Occupations Code retaliation


A nurse who makes a report under the Texas Occupations Code is protected from discipline because of that report. Discipline within 60 days is presumed to be retaliation. However, employers can rebut this presumption by showing the discipline was not related to the report.

Be ready to explain lower pay after complaint


When employees complain about discrimination or some other employment law violation, that’s generally considered protected activity. Punishing them in a way that affects pay may be unlawful retaliation.

8th Circuit rules on preemption

The 8th Circuit Court of Appeals has ruled that a state’s employment laws barring discharge for whistleblowing isn’t preempted by the Airline Deregulation Act.

Snapshot: Retaliation claims have skyrocketed


The number of retaliation complaints the EEOC receives each year has increased 86% since 2006.

Supreme Court passes on FMLA retaliation


Where an employer is located makes a difference when it comes to defeating an employee’s FMLA retaliation lawsuit. That’s because different federal courts use different standards for what an employee needs to prove to win a retaliation case under the FMLA.