Retaliation

Complaining to top exec isn’t protected whistle-blowing

04/03/2013

In a case decided the same day as UTSWMC v. Gentilello, MD, the Supreme Court of Texas concluded that complaining to senior leadership about alleged illegal activity doesn’t constitute protected whistle-blowing under the Texas Whistleblower Act.

Know what really counts as whistle-blowing

04/03/2013

Here’s some good news for employers: According to a recent Supreme Court of Texas decision, workers who complain to their supervisors about alleged illegal activities aren’t protected from retaliation under the Texas Whistleblower Act. That’s true even if the supervisor is responsible for legal compliance.

Know when to worry about discrimination–and when court will rule ‘no harm, no foul’

03/29/2013

The key issue in most race discrimination cases: different treatment for people of different races. A court recently ruled that it wasn’t protected activity when a black employee complained that one black job applicant had been subjected to greater scrutiny than another black applicant.

Appeals court upholds whistle-blower’s award

03/29/2013

Federal appeals courts are becoming more sympathetic to employees who report workplace dangers. The 3rd Circuit Court of Appeals has backed a plaintiff who says he suffered retaliation for claiming he was traumatized by a workplace accident.

Retaliation: Your #1 risk in job-bias lawsuits

03/19/2013

Supervisors in your organization probably know it’s illegal to discriminate based on race, age, sex, religion or disability. But apparently far fewer realize those same federal laws also make it illegal to retaliate against people for voicing complaints about such discrimination.

Quest for ‘new blood’ could bleed bank account if it results in huge punitive damages award

03/15/2013

If you place an older worker who has complained about age discrimination on a performance improvement plan that is essentially impossible to complete, watch out! You’re setting yourself up to pay out huge punitive damages—even if the employee winds up winning just a modest retaliation verdict.

Whistle-blower isn’t doing her job? Feel free to discipline

03/15/2013

Here’s an important reminder when management gets nervous about terminating a so-called whistle-blower. Solid, legitimate reasons for discipline take precedence over protections to which whistle-blowers are entitled.

Another lawsuit in state police Asian sex-trip scandal

03/12/2013

The Pennsylvania State Police sex-tourism scandal gripping Harrisburg just got even more complicated. Yet another trooper is suing the state, claiming he was passed over for a promotion after testifying in connection with the original lawsuit that blew the whistle on police officials who allegedly traveled to Asia to engage in sex.

Guard against retaliation claims by documenting timing of every step in the hiring process

03/12/2013

Here’s a simple tip that can save you lots of headaches: Document the exact date an applicant submits her paperwork and the date of each decision related to her application.

When it comes to discrimination, retaliation is still the No. 1 risk

03/06/2013

For the third year in a row, retaliation is the No. 1 type of job discrimination claim filed with the EEOC. Employees submitted 37,836 retaliation claims in 2012. That’s only a small increase from 2011, but up more than 100% since 1998.