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Retaliation

Disciplining whistleblower? Beware retaliation charge

11/15/2017

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

11/15/2017

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

11/15/2017

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

11/14/2017
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

11/14/2017

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

Supreme Court passes on FMLA retaliation

11/09/2017

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.

Male government biologist files gender bias complaint

11/08/2017

A U.S. Forest Service biologist working in Pennsylvania claims he is being discriminated against because of his sex.

Manage schedule change after harassment

11/08/2017

One response to reported sexual harassment is to separate the alleged victim from the alleged harasser. However, if the separation includes a schedule change, the victim may claim that amounted to punishing her for reporting harassment in the first place.

3rd Circuit rules reduction in work hours following complaint may be retaliation

10/20/2017
It is crucial for HR to follow up regularly with a worker who has complained of discrimination to see if she has any possible retaliation to report. Something seemingly as minor as a changed schedule or slightly reduced hours can be grounds for a retaliation lawsuit.

Saying ‘No!’ to boss’s come-on puts employer on notice of possible retaliation

10/18/2017
When an employee rejects a supervisor’s unwanted sexual advances, that counts as opposing discrimination for the purpose of establishing retaliation for protected activity. Essentially, saying “No!” to a harassing supervisor may be as good as reporting the incident to HR.