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Retaliation

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

March 26, 2013
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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.
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How Not to Respond to a Harassment Complaint

March 21, 2013
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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.
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Who's the 'Knucklehead'? Employee Loses Retaliation Claim After Slurring Co-Worker

March 6, 2013
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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.
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It's Your Last Chance … to Avoid Retaliation

February 22, 2013
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Agreements are wonderful tools to use with our employees. They come in all shapes and sizes. No matter the agreement, however, there is one clause that it cannot contain: a covenant by the employee waiving his or her right to file a charge of discrimination with the EEOC.
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Do You Have a Workplace Policy Banning the Electronic Recording of Conversations?

December 3, 2012
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If you do not have a policy against employees recording conversations in the workplace, you might want to consider drafting one. You never know when an employee is going to try to smuggle a recording device into a termination or other meeting.
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Bill Giving Whistle-Blower Protections to Federal Employees Signed Into Law

November 28, 2012
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The act includes provisions that amend the scope of protected disclosures, tightens requirements for nondisclosure agreements, expands the penalties imposed for violating whistle-blower protections, and establishes a Whistleblower Protection Ombudsman position in certain federal agencies.
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It Just Doesn't Matter (Who the President of the United States Is)

November 7, 2012
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If you manage your employees reasonably, pragmatically, and with decency, it just doesn't matter, from a day-to-day perspective, who the president is.
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EEOC Opines on Domestic Violence, Sexual Assault, or Stalking as Title VII and ADA Violations

October 25, 2012
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While Title VII and the Americans with Disabilities Act do not expressly protect victims from discrimination, they do protect against employers' use of stereotypes rooted in protected classes (e.g., sex or mental illness) to treat these employees differently.
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University of Virginia Whistle-Blower Gets $819,000 Jury Award

October 17, 2012
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Weihua Huang claimed he was retaliated against after he complained about Ming D. Li's misuse of federal research grants for a project on the genetics of nicotine and addiction.
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Employment Law Blog Carnival: The 007 Edition

October 17, 2012
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This month marks the 50th anniversary of the world's most famous movie spy, James Bond. Since many have compared my suaveness and sophistication with that of 007, celebrating Bond is a fitting topic for my edition of the monthly roundup of the best that the employment law blawgosphere has to offer.
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