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Retaliation

Abide by all OSHA rules regarding sick, tired drivers

04/21/2022
OSHA enforces the whistleblower protections written into the Surface Transportation Assistance Act. The law says drivers who file OSHA complaints alleging employer violations of safety rules may be entitled to damages. Recently, OSHA ordered damages for drivers who reported being forced to drive while sick or tired.

EEOC charges drop again, sink to 24-year low

04/05/2022
EEOC discrimination charges fell again in fiscal year 2021, continuing a 10-year decline. With 61,331 charges filed, FY 2021 saw about 6,000 fewer complaints alleging some form of bias, retaliation or harassment than in FY 2020.

DOL issues resources to arm whistleblowers alleging retaliation

03/15/2022
The Department of Labor’s Wage and Hour Division has launched a series of online publications designed to “uphold the rights of workers to identify violations of the law without fear of termination or other threats to their reputation, safety or livelihood.”

DOL: That guy you just fired might be a whistleblower

02/24/2022
OSHA has a litigation unit devoted solely to enforcing 20 different whistleblower laws that fall under the Department of Labor’s jurisdiction. Here’s an example of the kind of case this unit handles.

Refusing to hire a litigious applicant: Is that retaliation?

02/17/2022
Brian Flores, the fired coach of the Miami Dolphins, has turned himself toxic by filing a lawsuit alleging systemic racial discrimination, fraud and bribery. Yet any team refusing to hire Flores now because he sued over the NFL’s discriminatory hiring practice would likely be committing unlawful retaliation.

Paying with 91,500 pennies draws DOL’s attention—and more charges

01/11/2022
A Georgia business owner is being sued for retaliation after delivering a former employee’s final pay in the form of 91,500 oil-covered pennies dumped in the man’s driveway.

Offer paid suspension while you investigate allegations

12/16/2021
When employees are accused of serious misconduct, consider suspending them with pay. It’s a way to keep alleged bad actors from doing further damage while discouraging them from suing for discrimination and retaliation.

Griping about low pay isn’t always protected activity

12/09/2021
Countless federal laws make it illegal for employers to retaliate against employees for engaging in protected activities such as reporting alleged discrimination or unfair labor practices. However, not all employee complaints earn protection against retaliation.

Retaliation by top executive or HR? Prepare to pay up

12/02/2021
Congratulations! A court just said you were not liable for discrimination! Now about that retaliation claim ….

EEOC clarifies what’s pandemic retaliation

11/29/2021
The EEOC has updated its retaliation guidance for the coronavirus pandemic age, releasing a new technical assistance document explaining how to balance employee anti-retaliation rights under the ADA, Title VII and other laws against an employer’s need to enforce covid health and safety protocols.