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Retaliation

3 federal agencies team up to stop retaliation

11/18/2021
The U.S. Department of Labor, the EEOC and the National Labor Relations Board are responsible for enforcing most federal anti-discrimination laws affecting workers and the workplace. Concerned with an increase in the number of employee lawsuits accusing employers of retaliation, those three agencies have joined forces to raise awareness about the problem.

DOL lawsuit alleges retaliation for reporting coronavirus concerns

10/19/2021
The U.S. Department of Labor has filed a lawsuit against a luxury car dealer in Texas for terminating an employee who warned managers and co-workers about potential coronavirus hazards in the workplace.

Beware retaliation against activist employees

10/07/2021
Amazon has agreed to settle allegations it retaliated against two former employees who organized demonstrations decrying the retail giant’s environmental impact and helped employees protest working conditions.

Transfer accused harasser, not alleged victim

08/13/2021
When allegations of sexual harassment arise, it’s common sense to separate the alleged harasser and the alleged victim. Do so by transferring the person who has been accused of harassment. Any effort to move the alleged victim is liable to be construed as retaliation for having reported harassment.

Snapshot: What happens to employees who file EEOC bias complaints?

07/20/2021
An analysis of 683,419 discrimination claims filed from 2012 to 2016 found that complaining to the EEOC rarely turns out well for employees.

HR pros gain broad Title VII protection

06/17/2021
A recent federal appeals court decision may be good news for HR pros and bad news for employers that think they can get away with retaliation if they try to quash discrimination investigations.

Lawsuit claims retaliation for raising coronavirus concerns

06/10/2021
The U.S. Department of Labor is suing a New York City community health center and its CEO after they suspended and later fired an employee who reported coronavirus-related safety hazards.

Snapshot: Retaliation still rising as most common EEOC charge

03/23/2021
For more than 10 years, retaliation has been the most common EEOC charge, now included in more than half of all complaints filed.

Prepare for the onslaught of COVID ‘tag-along’ claims

03/18/2021
A former manager at a New York ice cream shop filed a lawsuit alleging that he was fired in retaliation for speaking up about instances of sexual harassment and unsafe COVID-19 workplace protocols at the company. The “and” is vitally important.

Firing after FMLA leave: How soon is ‘too soon’ to trigger retaliation?

03/18/2021
When it comes to the FMLA, courts will always pull out their calendars to see how closely the employee’s protected activity (requesting or taking FMLA leave) coincides with the adverse action handed down by the employer (discipline, termination, etc.). The smaller the time, the bigger your risk of losing an FMLA-retaliation lawsuit.