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The Employer Handbook BlogCan you sue an employee for filing what seems to be a false EEOC charge?
There was a time when I got that question from employer-clients more times than Tony Romo’s chokes in December.
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Today’s Special: Retaliation. Everything you’ve ever wanted to know.
Since 1998, when the EEOC issued a compliance manual on retaliation, the percentage of EEOC private sector and state and local government charges alleging retaliation has practically doubled.
Think about it. An employee complains to the company about some form of discrimination. Then that employee gets fired. So, that employee files a Charge of Discrimination at the EEOC. Inevitably, that employee will likely check two boxes. The first box will be the underlying claim of discrimination, which will vary based on the the employee’s protected class (e.g., race, religion, national origin, etc.). The other checked box will be retaliation — every time. That’s why retaliation is the most common Charge filed at the EEOC.
Yesterday, the EEOC updated its guidance on retaliation and related issues.
The EEOC has no chill for your discriminatory prescription drug use and hiring policy
Do you require potential hires to pass a drug test as a condition of employment?
If so, there are some limits as to what you can do.
Pish-posh to everything we ever knew about litigating discrimination claims
I feel naked. And, I have the vapors.
Quick! Someone fetch me my diamond-studded bathrobe and, oh yes, my pearls for clutching.
Want the secret to defending retaliation claims?
As in, guaranteed date with a jury.
Oh, you thought I was going to tell you how to avoid a retaliation lawsuit? You’re so cute that way.
Don’t miss tomorrow’s free webinar: “How to Navigate Alcoholism and Substance Abuse under the FMLA/ADA”
Are you prepared to address drug- and alcohol-related disabilities and leave issues under the FMLA and ADA?
At some time in their lives, millions of Americans have abused drugs and alcohol. While many are in recovery, others continue their struggle. Inevitably, your workforce will feel the impact.
Join this new discussion to learn about the applicable employment laws, available accommodations and leave options under the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) and hear recent court cases and legislation and take away some best practices you/your organization can use.
Court says Hobby Lobby decision sometimes greenlights sex discrimination at work
I teased it in Friday’s post.
Last week, a Michigan federal court held (here) that a workplace dress code that requires one gender to conform to a sex stereotype (e.g., men must wear suits, and women must wear dresses) is “direct evidence” of sex discrimination. But, the employer in the Michigan case refused to waver from the letter of the dress code, and avoided a sex discrimination claim under Title VII.
Why? Because Hobby Lobby.
Your dress code may create a big sex-discrimination mess at work
Just for today, head on over to LinkedIn, and check out my post about how strict application of your dress code could result in a nasty sex discrimination claim.
(And a little teaser for Monday — I’ll explain why the Supreme Court’s Hobby Lobby decision may trump Title VII and allow some employers to discriminate).
