RSS icon

Top Stories

Retaliation

Supreme Court Rulings Won't Resolve Workplace Business Problems

July 9, 2013
Comments (0)
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.
Read More

'Vance v. Ball St.' Narrows Employer Liability for Harassment

June 26, 2013
Comments (0)
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.
Read More

Facebook Posts as Evidence of Retaliation

June 4, 2013
Comments (0)
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.
Read More

Fired for Suing an Ex-Employer? Court Rejects Public Policy Claim

May 20, 2013
Comments (0)
Employers should treat all employees complaining about anything in the workplace as ticking time bombs, as if their complaints are protected by some law or another. If a court later rejects a public policy claim, all the better.
Read More

EEOC Sues Company for Forced Practice of Scientology

May 13, 2013
Comments (0)
If any of the EEOC's allegations in the lawsuit are true, the agency is going to have an easy time winning this case, which serves a good reminder that an employer cannot force its employees to conform to, follow, or practice, the employer's chosen religious practices and beliefs.
Read More

More on Retaliation for Firing After Complaints of Third-Party Discrimination

March 27, 2013
Comments (0)
Even if Title VII protects Richards' online venting as “opposition,” it is doubtful she will be able to establish a nexus between her comments and the termination. Her employer did not terminate her because of the contents of her tweet, but because of the very public nature of her complaints.
Read More

Should Employers Be Liable for Conduct They Cannot Control? Fired for Tweeting About Third-Party Misconduct

March 26, 2013
Comments (0)
For Adria Richards to have a reasonable belief that she experienced unlawful discrimination or harassment, her employer needs to be able to do something about the alleged discrimination or harassment.
Read More

How Not to Respond to a Harassment Complaint

March 21, 2013
Comments (0)
If you are not the person in your organization trained to address and investigate sexual harassment claims, immediately refer the matter to the person who is. If no one is, hire a consultant or attorney who specializes in these issues to do the investigation for you.
Read More

Who's the 'Knucklehead'? Employee Loses Retaliation Claim After Slurring Co-Worker

March 6, 2013
Comments (0)
Exercising control to dole out legitimate discipline is not retaliation or discrimination. It's sound management of your people. Provided the punishment fits the crime, and provided the punishment is consistent with your past practices, you can discipline without fear of retribution.
Read More