Retaliation

When employee complains about bias, take control ASAP to prevent retaliation

12/07/2011

When an employee complains about perceived discrimination, how you treat the worker can greatly affect the outcome if the case reaches court. The best approach: Handle the case professionally, at the HR function level.

Passage of time can kill retaliation claim

12/05/2011

There’s some good news for employers concerned about retaliation after an employee participates in protected activity such as testifying in another employee’s discrimination lawsuit. If a substantial amount of time has passed since the employee’s testimony, any disciplinary action you take probably won’t be enough to form the basis of a retaliation claim.

On to trial for worker advocate’s retaliation claim

12/02/2011

Employees and their lawyers are getting more creative with their lawsuits. Not content to rely on federal anti-discrimination laws, they add claims under state law, too. That increases their chances of making a claim stick.

Only one bite at the apple when it comes to bias cases

11/30/2011

A Texas court has headed off an employee’s attempt to sue twice for the same discrimination claim—once in federal court and again in Texas.

Court: Punishment for helping outsider file harassment complaint isn’t retaliation

11/30/2011

The U.S. Supreme Court’s Thompson v. North American Stainless decision said that it was illegal retaliation to punish the fiancé of someone who had complained about sexual harassment. But what about punishing an employee because an outsider has filed sexual harassment charges? According to a recent decision, that isn’t illegal under Title VII.

Warn bosses: Email will be used against you

11/28/2011

You’ve told managers before, now tell ’em again: Email may seem like private communication, but it really isn’t. Anything a manager says in an email may become evidence in a lawsuit.

New hire running into trouble right away? Document problems early and often

11/25/2011

Once in a while, the honeymoon is barely over before a new employee starts to struggle. Since every job has a learning curve, you may hesitate to terminate right away. But you can’t ignore the problems, either.

Sexual harassment settlement costs $462,500 for Irvine firm

11/18/2011

A pool supply company recently agreed to settle a lawsuit brought by the EEOC accusing it of sexual harassment, retaliation and constructive discharge. Irvine-based Aqua Tri will pay $462,500 to 18 Hispanic workers.

Institution has last word for state higher-ed whistle-blower

11/18/2011

Good news for public colleges and universities: When staff blow the whistle on alleged wrongdoing and the institution has a sound policy for dealing with such allegations, the employee can’t also take the claim to federal court.

Mendota restaurant hit with harassment lawsuit

11/16/2011

A fast-food franchise in Mendota and its owner are in hot water over allegations that they did nothing after female employees complained that a manager subjected them to sexual harassment, inappropriate touching and even sexual assault.