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Retaliation

Strive for harmony, plan for a lawsuit: Document every complaint as if you’ll be sued

11/12/2013

You probably have a great anti-­discrimination and anti-harassment written policy. Unfortunately, failing to accurately track every employee complaint about these issues could mean your policy efforts will backfire if the dispute winds up in court. How could that happen?

Lawsuit after translator at chicken farm gets the ax

10/30/2013

The EEOC has taken up the case of a man who worked as a translator for Haitian workers at a Lumber Bridge chicken farm. The man allegedly complained that Haitian workers at Mountaire Farms were treated more harshly than other employees. He claims that he made one complaint too many and was fired for it.

Annoyed, inconvenienced? That’s not retaliation

10/30/2013
Employees who complain about dis­­crimination can sue if they suffer re­­taliation for complaining. Retaliation is anything that would dissuade a reasonable employee from complaining in the first place. The key is “reasonable.”

Hershey Med responds to retaliation charges

10/29/2013
The Penn State Hershey Medical Center has denied any wrongdoing in the case of a cancer doctor who sued, alleging he was fired in retaliation for defending the rights of his secretary, who was fighting breast cancer.

One negative move after complaint can be retaliation

10/29/2013
After an employee files an inter­­nal complaint, HR should review every reassignment or other significant job change. Even one negative move can support a retaliation lawsuit.

Farmers Insurance sued for race discrimination in Fresno

10/29/2013
The EEOC claims managers at a Farmers Insurance Exchange office in Fresno scapegoated two Asian-American adjusters after an improper coding scandal came to light. It also asserts a white adjuster was fired in retaliation for cooperating with the EEOC’s investigation.

Feel free to reprimand for substandard work

10/24/2013
Does fear of being sued keep you from reprimanding slipshod em­­ployees? If you can document their shortcomings, don’t worry.

Buffalo company faces bias, retaliation lawsuit

10/10/2013
The EEOC has sued Buffalo-based Izza Bending Tube & Wire, claiming it retaliated against an employee after she objected to a manager’s decision not to hire a black applicant.

Use progressive discipline system to build documentation that justifies termination

10/10/2013
Progressive discipline systems force supervisors to follow the steps in the process, which helps employers document what happened and when. That can come in handy if the employee files an EEOC complaint and then claims she was fired for doing so.

Retaliation after 4 years have gone by? Yes, in some cases

10/10/2013
Don’t ignore applicants who have filed prior EEOC complaints against your organization. Give them a fair opportunity to compete for jobs.