Retaliation

The Minnesota Whistleblower Act: More time–and more protection–for whistle-blowers

04/13/2015

Recent changes to the Minnesota Whistleblower Act and the way in which Minnesota courts interpret it should put employers on watch. Late last year, the Minnesota Court of Appeals extended the statute of limitations for MWA claims from two to six years. The ruling comes on the heels of 2013 amendments to the MWA, which, plaintiffs argue, expand the scope of the statute’s coverage.

Shouting match over name-calling: That’s not protected activity

04/06/2015

Typically, protected activity involves going to the HR office or a supervisor and reporting harassment, discrimination or other perceived illegal treatment. For example, an employee who discovers a racial slur on the bathroom wall may report that to HR and that’s protected activity. But what if the employee, instead of going through channels, responds directly to the co-worker making a comment or caught writing graffiti?

Discrimination, retaliation alert: Beware bending promotion rules case-by-case

04/01/2015

When it comes to promoting employees, try to make sure everyone has a fair shot at opportunities. And if you ever bend the rules, realize that you may end up having that flexibility used against you if you don’t do the same for others.

Heard that story of unfair treatment before? You might be dealing with a serial retaliator

03/23/2015

Ever felt déjà vu when an employee claimed she was suffering retaliation because of a prior discrimination or harassment complaint? If what the employee describes sounds familiar, watch out. You may have a serial retaliator on your hands, and those earlier incidents may end up being used to prove retaliation has occurred again.

Worker’s crazy email likely won’t cost you in court

03/06/2015

Not every complaint amounts to “protected activity” that shields an employee from retaliation.

Trying to drive out employee can backfire

03/05/2015

Efforts to make life so miserable for an employee that she quits can come back to haunt you. It could be seen as retaliation—even if the employee never quits.

Doesn’t matter that he didn’t put a ring on it! Engagement unnecessary for retaliation

03/03/2015

Back in 2011, the U.S. Supreme Court ruled that an employee who was fired after his fiancé—who worked for the same employer—filed an internal discrimination complaint could sue on his own accord alleging retaliation. The fiancé, the court concluded, was within the “zone of interest” meant to be protected from retaliation under Title VII. The Court held that by firing someone’s significant other, the employer in effect would indirectly punish the complainer. Until now, exactly who would be included in the “zone of interest” was in question.

Whistle-blower can go directly to court after internal review

02/24/2015

An employee who tries to internally report alleged wrongdoing and is then fired can pursue internal remedies—and then go directly to court with her discharge and retaliation claims.

After job-bias complaint, remind managers to keep calm & manage on

02/23/2015

While employees filed fewer charges of job discrimination in 2014 than the year before, one new statistic from the EEOC should make HR and employers stand up and take notice: More than 2 in 5 charges last year allege some form of retaliation against the employee for pursuing the discrimination claim.

Simple transfer could be considered retaliation

02/17/2015

Ordinarily, retaliation requires a so-called adverse employment action, such as discharge or demotion. Lesser actions, such as a lateral transfer, don’t count. That is, unless that transfer carries with it serious consequences—such as a dramatically longer commute.