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Retaliation

Regular safety complaints could spell legal trouble

08/01/2018
Be careful if a worker files a steady stream of safety complaints. If those complaints are followed by an accident or incident and the worker is disciplined for something seemingly unrelated, he may still be able to make a whistleblower complaint.

Long gap between complaint and discharge kills case

07/30/2018
Employees who engage in protected activity such as complaining about alleged discrimination are protected from retaliation for doing so. But that protection doesn’t last forever.

Prepare to turn over disciplinary records if employee files a discrimination lawsuit

07/18/2018
When an employee sues for alleged discrimination, he or she is generally entitled to access all relevant employer documents. If you disciplined the employee, chances are you will have to turn over disciplinary records concerning other staff. Don’t expect to keep those records confidential.

Appeals court upholds state agency’s award

07/13/2018
A New York appeals court has upheld a damage award the New York State Division of Human Rights granted to three women who complained that their employer had allowed sexual harassment and retaliation for their complaints.

Not all unwanted touching is harassment

07/12/2018
Workers who sue for harassment must still provide evidence that the motivation for the touching was somehow related to sex and not just part of a pattern of nonsexual touching meted out to everyone, male, female, heterosexual or gay.

Public-policy exception means at-will status doesn’t always apply

07/10/2018
A federal court interpreting Pennsylvania law has concluded that firing a worker for calling in a complaint to OSHA provides protection under the public-policy exception.

Beware retaliation against workers who testify

06/27/2018
Employees who testify on behalf of co-workers before the EEOC or in subsequent litigation are protected from retaliation. Be careful about how you treat employees following that kind of cooperation.

OSHA ain’t just blowing smoke on whistleblowing

06/26/2018
The U.S. Department of Labor’s Occupational Safety and Health Administration has ordered Chino, California-based Mr. Good Vape to reinstate a manager who reported alleged violations of federal safety laws in its production process.

Accommodation requires employee’s good faith

06/21/2018
An employee who makes a request for an ADA reasonable accommodation and is punished for doing so may have a retaliation claim. But she has to actually believe in good faith that the accommodation she is requesting will work.

It’s all fun and games until joking about injuries leads to an FMLA violation

06/14/2018
While adverse actions such as termination are classic examples of retaliation and dissuasion, other acts may also make the cut. For example, a concerted campaign to make fun of or humiliate someone who takes FMLA leave may also violate the law.