Retaliation

LGBT leader resigns, cites retaliation in firings

11/13/2015

The University of Minnesota at Duluth is still reeling from discrimination charges after it failed to renew hockey coach Shannon Miller’s contract. Miller and three of her coaches, all of whom are openly gay, were terminated.

Internal complaint doesn’t equal whistle-blowing

11/12/2015

The Texas Supreme Court has ruled that simply complaining to one’s boss about allegedly illegal activity is not whistle-blowing protected by the Texas Whistleblower Act. Employees must inform law enforcement.

Alerting boss of job-bias rules is not ‘protected activity’

11/09/2015

The role of an HR professional includes educating management on anti-discrimination laws. Doing so is generally considered doing one’s job and isn’t protected activity.

Dunkin’ Donuts manager: Not so sweet

11/06/2015

A Westchester County, N.Y., Dunkin’ Donuts franchise finds itself in hot oil after a store manager allegedly slapped a female employee who refused his sexual advances.

FLSA doesn’t protect every crabby gripe about pay

10/30/2015

Employers can’t retaliate against workers who complain about alleged Fair Labor Standards Act violations. However, not every complaint about pay is protected.

EEOC sues San Ysidro eatery for same-sex harassment

10/21/2015

Achiote Restaurant in San Ysidro, Ca., faces an EEOC lawsuit after young Mexican men working at the restaurant complained of sexual harassment and retaliation by a male manager.

Government employee’s speech that sounds like insubordination may be protected

10/21/2015

Public employees are entitled to free speech under the Constitution—within limits. For example, the speech must involve matters of public importance. Under the right circumstances, arguing with a supervisor may even be protected.

Former employee reapplies? Beware retaliation lawsuit

10/08/2015

Consider this before dismissing a request for reinstatement or new job application from a former employee: She may be trying to set up a lawsuit alleging that turning her down amounted to retaliation. Don’t fall into that trap.

Substandard work before FMLA leave? Beware retaliation suit for later poor reviews

10/08/2015

Don’t think that just because an employee was a poor performer before she requested FMLA leave, a poor review after the request can’t be retaliation. If there is other evidence of retaliation (like a direct statement that FMLA leave was a factor), then the previous poor performance won’t be much of a defense.

Oilfield services firm settles retaliation suit for $30,000

10/05/2015

Garrison Contractors, a West Texas oil-industry construction company, has agreed to settle charges it retaliated against a female employee after she reported sexual harassment.