You received a complaint of sexual harassment from a female employee against a male co-worker. So, you promptly investigate, during which you interview the complainant and the alleged harasser, and review documents. When the investigation ends, you conclude that the female complainant — not the male co-worker — was the sexual harasser. So, you promptly…
There was a time when I got that question from employer-clients more times than Tony Romo’s chokes in December. Do you like defending retaliation claims? Let’s go back to yesterday’s retaliation post for a sec. What you’ll find is a non-exclusive list of examples of behaviors that could be considered retaliatory.…
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…
That’s Employment Law 101. And that’s basically how it went down in this recent federal court opinion from Tennessee, where the plaintiff claimed that her former employer fired her in retaliation for an email she sent to HR complaining about alleged gender discrimination and harassment. How does one demonstrate retaliation? Well, a…
Although, it could’ve been worse. Seeing as the going rate for poop discrimination is $2.25 million. Cue mildly inappropriate music. Kurt Orzeck at Law360 reports here (subscription required) about a recent settlement — actually a consent decree — entered into between a North Dakote employer and a Filipino employee who sued…
Now, that would be some serious retaliation! Where do I find these cases? The Illuminati I have my sources. In Elmore v. WMATA (opinion here), the plaintiff, a K-9 police officer, injured her neck and back after a bunch of dog attacks. She claimed that the WMATA refused to call off…
Reading yesterday’s post about religious accommodations and Flying Spaghetti Monsters may have had you rolling your eyes like — who is that old guy? Tony Danza? Just kidding, I know my 80s TV. It’s Corbin Bernsen. Keeping with the topics of accommodations and eye rolling, I recently read this opinion about an…
An even worse idea, my friends, is admitting that you still drink Zima filed a defamation lawsuit in response to an employee’s complaint to the EEOC. A national origin claim becomes a retaliation lawsuit. Late last week, Kurt Orzeck, writing at Law360, reported here about a lawsuit that the EEOC initiated in California federal…
YASSSSS!!!! Oh, thank you blogging gods for this generous clusterfunked bounty. Please accept this offering from your humble minion. Hummina Hummina Hummina Oh, where to begin. Where. To. Begin. Well, how about some facts from Allen v. TV One, LLC. Plaintiff began working as the Director of Talent Relations and Casting…
Yesterday, I had one of those moments. You know the ones. For me, it was when a client asked me when I was going to blog about the Muslim workers in Colorado who were denied prayer breaks and, then, allegedly fired for protesting. So, I did what any self respecting…