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Retaliation

Reconsidering decision? Act fast to fix it

06/03/2011
Here’s a tip for employers that make snap decisions and then quickly reconsider: Don’t hesitate to fix the problem; that could convince a court to toss out a lawsuit.

Can you sue for harassment if no one actually harasses you? 5th Circuit opens the door a crack

06/01/2011

Here’s a new worry for employers: More and more employees who aren’t being directly targeted for har­­­­­­­ass­­ment are suing anyway. They claim that the fact that others may be experiencing sexual, racial or other forms of harassment means that they, in ­effect, are also victims. Some of those claims actually succeed.

Don’t blacklist worker who quits after complaining

06/01/2011
Management may breathe a sigh of relief if an employee quits after alleging some form of harassment or discrimination and then doesn’t march to the nearest courthouse right away. But before they thank their lucky stars, consider this: The former employee may show up years later, looking for a job—and a retaliation lawsuit.

Prevent retaliation claims by maintaining confidentiality of bias, harassment complaints

05/27/2011
It’s tough to pin retaliation on a supervisor who never knew about an employee’s original complaint. That’s why it makes sense to limit access to information about employee complaints. For example, there’s no need to share an employee’s discrimination complaint with her supervisor if it doesn’t involve that supervisor or department.

Allegheny Port Authority says race charges were trumped up

05/27/2011
The latest chapter in an ongoing legal battle opened recently when the Alle­gheny Port Authority responded to charges leveled by Deborah Blocker, a black employee who has alleged racial harassment.

Loud and inappropriate gripe? OK to punish, even if complaint involved discrimination

05/20/2011

It goes without saying that employers can’t punish employees because they have complained about discrimination. That would be retaliation, and could mean a lost lawsuit even if the employee wasn’t correct about her allegations. But that doesn’t mean you have to tolerate loud, obnoxious or disruptive complaints, no matter what their content.

Another reason to track everything: Passage of time makes it harder for worker to successfully sue

05/20/2011

It’s possible that a supervisor might wait years to get back at an employee who filed a discrimination complaint. Possible, but unlikely. The more time that passes between an initial complaint and any alleged retaliation, the less likely courts are to entertain a lawsuit.

Complaint: anti-gay slurs, propositions by Jesse Jackson

05/13/2011
A former employee of the Rev. Jesse Jackson Sr.’s Rainbow Push Coalition has filed what Chicago news outlets are calling a “bombshell” complaint with the Chicago Commission on Human Rights, alleging Jackson ridiculed him for being gay, and even asked him for oral sex on at least one occasion.

Beware even the simplest discipline: Court says oral reprimand can be retaliation

05/13/2011

Ordinarily, when an employee receives a reprimand that doesn’t carry negative consequences, courts won’t consider the reprimand an “adverse employment decision.” As a practical matter, that means an employee can’t base a discrimination lawsuit on a simple reprimand. But that doesn’t mean an oral reprimand can’t be retaliation.

Last-minute complaint shouldn’t derail firing

05/13/2011
Employees who know they’re in trouble often look for ways to set up a lawsuit in case they’re fired. They may file some sort of discrimination complaint right before termination. This can be a winning strategy if the employer hasn’t been careful to document performance or other problems all along. Don’t get caught in that trap.