Retaliation

Quick action key to preventing harassment lawsuits

01/03/2014

Here’s how to handle sexual harassment complaints: Investigate fast and fix any problems you find. Then don’t fear legitimate discipline afterwards.

Testifying for fellow employee in race case provides retaliation protection

12/23/2013

Employees who testify in an internal investigation, an agency investigation or in court are protected from retaliation whether or not they belong to the same protected classification as the employee whose case their testimony supports.

OK to discipline worker who has complained, but be sure you can justify your decision

12/17/2013

Courts don’t want to tie management’s hands; they just want to protect employees from genuine retaliation. That’s why the standard for retaliation is anything that would dissuade a reasonable worker from complaining in the first place. Most minor discipline doesn’t reach that level.

Does your employee discipline have to be identical?

12/13/2013

Before your organization disciplines an employee, it’s always important to ask these questions: Have other employees violated the same policy? If so, what action did we take against that other employee? How similar are those two situations? One court recently said employers shouldn’t search for “identical” situations—“similar” is good enough.

Whoa! Never saw that one coming! You’re not responsible for aberrant crime

12/10/2013

Unless it’s obvious that an employer acted maliciously by purposely setting out to harm an employee, chances are it won’t be held responsible for the consequences of a co-worker’s crime.

Boss’s verbal gaffe doesn’t prove retaliation

12/10/2013

Worried that a supervisor’s isolated, ill-advised comment about a subordinate’s cooperation in a discrimination case will mean an automatic win if the employee sues for retaliation? It’s not a sure thing.

2 employment law bills fall to Gov. Brown’s veto pen

12/03/2013

Gov. Jerry Brown recently vetoed two laws affecting employee rights.

Employee acts as own lawyer? You’ll need to be patient

11/26/2013

When so-called pro se litigants represent themselves before the EEOC and in federal court, you’ll need patience. It will pay off in the long run.

Supreme Court to hear variety of employment-related cases

11/14/2013

The U.S. Supreme Court will hear a number of cases during the 2013-14 term that could affect employers.

Ensure taking leave is employee’s choice