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Retaliation

Separation of Protected Activity and Discipline can Shield Employers From Retaliation Claims

January 16, 2014
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You can help insulate your company from retaliation claims by training your employees to treat FMLA requests (and other instances of protected activity) as need-to-know.
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Blackballing as Retaliation

January 9, 2014
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Refusing to hire someone who filed a lawsuit claiming a violation of the FLSA or Title VII is illegal retaliation.
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If You’re Taking an Employee’s Deposition, Don’t Charge Them for a Day Off Work

December 10, 2013
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Retaliation is a low standard for employees to meet. Employers must treat it carefully when dealing with an employee who engaged in protected activity.
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Can George Costanza Sue for Sexual Harassment or Retaliation?

October 16, 2013
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There is nothing wrong with employees dating. Nothing good, however, comes from a boss having relations with a subordinate employee, especially one who is a direct report.


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How to Handle the Malingering FMLA Abuser

October 10, 2013
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If you believe that an employee is abusing FMLA leave, build your case. Uncover enough facts to support your belief that that employee is committing fraud.


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It’s Time to End Sexual Orientation and Gender Identity Discrimination

October 9, 2013
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The time has come for Congress to step up to the plate and enact legislation including sexual orientation and gender identity as protected classes, and bring to and end the shameful protection of discrimination against this marginalized class of individuals.


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Supreme Court Rulings Won't Resolve Workplace Business Problems

July 9, 2013
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It's predicted that more claims will be dismissed without need of trial. That may be true, but in practice it misses a key business point.
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'Vance v. Ball St.' Narrows Employer Liability for Harassment

June 26, 2013
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Make no mistake, this ruling is a huge victory for employers. This case limits vicarious liability only to those who are in an actual position to affect the plaintiff's terms and conditions of employment.
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Facebook Posts as Evidence of Retaliation

June 4, 2013
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Facebook, Twitter, and other social media channels can prove to be treasure trove of protected information—information about an employee's personal and family medical issues, religious issues, genetic information, and, like this case, protected complaints about discrimination.
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